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too 2r- 


KLONDIKE 


MINING LAWS, RULES AND 
REGULATIONS 


— OF THE — 


UNITED STATES*ndCANADA 


APPLICABLE TO 


Alaska and Northwest Territory 


SS Of sv 


WITH FORMS 

m*ejved —-:W of co9f^^ I 

PRICE, FIFTY CENTS’ 

FOR SALE BY ALL NEWS AGENTS 


LOWMAN 4. HANFORD S. 4 P. CO., SEATTLE 



















KLONDIKE 


MINING LAWS, RULES and 
REGULATIONS 

— OF THE — 

UNITED STATES and CAN ADA 

APPLICABLE TO 

Alaska and Northwest Territory 


Copyright 1897 by W. J. Hills and B. M. Ausherman 

compiled by 

W. J. HILLS and B. M. AUSHERMAN 

J r 

Mining and General Attorneys 
SEATTLE, - - - WASHINGTON 


PRICE, FIFTY CENTS 


FOR SALE BY ALL NEWS AGENTS 





B. M. AUSHERMAN 


W. J. HILLS 

SfcCJNu COPY, 





p. o. box nos 
7 


HILLS & AUSHERMAN 

MINING AND CORPORATION LAWYERS 


Mining and business interests in the Pacific 
Northwest looked after and attended to very care¬ 
fully for all of our clients. 

Careful investigations and conservative reports 
on all propositions entrusted to us. We go our¬ 
selves ; we do not send agents. 

Prompt Replies. 


r 

o 



References: 

HON. F. E. WARREN, 

HON. C. D CLARK, 

U. S. Senators. Washington, D. C. 



BURKE BUILDING, SEATTLE, WASH 





PREFACE 


The compilers of this work from experience in the 
practice of mining litigation and knowledge of the needs 
and information required by the average miner and pros¬ 
pector, and realizing that many a valuable claim has been 
lost to the discoverer by reason of his lack of knowledge of 
mining laws and failure to properly protect himself and his 
property, and further realizing that the immense gold fields 
of the Great Northwest lie along the boundary line of two 
separate and distinct nations whose laws are largely at 
variance, have deemed it advisable to compile together the 
laws of these two greatest nations on earth, furnishing full 
data and complete information to all who penetrate or be¬ 
come interests in the famous Klondike region. 

The compilers will be satisfied if the work proves to be 
practically useful and assists- the worthy miner in protect¬ 
ing that which he has labored for and so worthily gained. 


H. L. WILHELM 

ATTORNEY ifi COUNSELOR AT LAW 

ALL FEDERAL AND STATE COURTS 

BURKE BUILDING... SEATTLE, WASH. 







UNITED STATES MINING LAWS 


ALASKA 

Act of Congress of May 17, 1884. An Act providing a 
civil government for Alaska. 

Section 8. That the said district of Alaska is hereby cre¬ 
ated a land district, and a United States land office for said 
district is hereby located at Sitka. The commissioner pro¬ 
vided for by this act to reside at Sitka shall be ex-officio 
register of said land office, and the clerk provided for by 
this act shall be ex-officio receiver of public moneys, and 
the marshal provided for by this act shall be ex-officio sur¬ 
veyor-general of said district, and the laws of the United 
States relating to mining claims, and the rights incident 
thereto, shall, from and after the passage of this act, be in 
full force and effect in said district, under the administra¬ 
tion thereof herein provided for, subject to such regulations 
as may be made by the Secretary of the Interior, approved by 
the President: Provided, That the Indians or other persons 
in said district shall not be disturbed in the possession of 
any lands actually in their use or occupation or now claimed 
by them, but the term under which such persons may ac¬ 
quire title to such lands is reserved for future legislation by 
Congress : And provided further, That parties who have 
located mines or mineral privileges therein under the laws 
of the United States applicable to the public domain, or 
who have occupied and improved or exercised acts of owner¬ 
ship over such claims, shall not be disturbed therein, but 
shall be allowed to perfect their title to such claims by pay¬ 
ment as aforesaid: And provided also, That the land not 
exceeding six hundred and forty acres at any station now 
occupied as missionary stations among the Indian tribes in 
said section, with the improvements thereon erected by or 
for such societies, shall be continued in the occupancy of 
the several religious societies to which said missionary sta¬ 
tions respectively belong until action bv Unn^rooc 



UNITED STATES MINING DAWS FOR ALASKA. 


nothing contained in this act shall be construed to put in 
force in said district the general land laws of the United 
States 

Land Office Regulations—96. The administration of the 
mining laws as prescribed by these regulations will be, so 
far as applicable, adopted for, and extended to Alaska. 

(1) The ex-officio register, receiver, and surveyor-gen¬ 
eral, while acting as such, and their clerks and deputy sur¬ 
veyors. will be deemed subject to the laws and regulations 
governing the official conduct and responsibilities of similar 
officers and persons under general statutes of the United 
States. 

(2) The Commissioner of the General Land Office will 
exercise the same general supervision over the execution of 
the laws as are or may be exercised by him in other mineral 
districts. 


TITLE XXXII, CHAPTER 6. 

MINERAL LANDS RESERVED—Sec. 2318. In all 
cases lands valuable for mineral shall be reserved from sale, 
except as otherwise expressly directed by law. 

OPEN TO PURCHASE BY CITIZENS—Sec. 2319. All 
valuable mineral deposits in lands belonging to the United 
States, both surveyed and unsurveyed, are hereby declared 
to be free and open to exploration and purchase, and the 
lands in which they are found to occupation and purchase, 
by citizens of the United States and those who have de¬ 
clared their intention to become such, under regulations 
prescribed by law, and according to the local customs or 
rules of miners in the several mining districts, so far as 
the same are applicable and not inconsistent with the laws 
of the United States. 

LENGTH OF VEINS OR LODES—Sec. 2320. Mining 
claims upon veins or lodes of quartz or other rock in place 
bearing gold, silver, cinnabar, lead, tin, copper, or other 
valuable deposits, heretofore located, shall be governed as 
to length along the vein or lode by the customs, regulations, 
and laws in force at the date of their location. A mining 
claim located after the tenth day of May, eighteen hun¬ 
dred and seventy-two, whether located by one or more 
persons, may equal, but shall not exceed, one thousand 
five hundred feet in length along the vein or lode; but 
no location of a mining claim shall be made until the dis- 


UNITED STATES MINING LAWS FOR ALASKA. 7 

covery of the vein or lode within the limits of the claim lo¬ 
cated. No claim shall, extend more than three hundred 
feet on each side of the middle of the vein at the surface, 
nor shall any claim be limited by any mining regulation to 
less than twenty-five feet on each side of the middle of the 
vein at the surface, except where adverse rights existing 
on the tenth day of May, eighteen hundred and seventy-two, 
render such limitation necessary. The end lines of each 
claim shall be parallel to each other. 

PROOF OF CITIZENSHIP—Sec. 2321. Proof of citizen¬ 
ship, under this chapter, may consist, in the case of an indi¬ 
vidual, of his own affidavit thereof; in the case of an associ¬ 
ation of persons? unincorporated, of the affidavit of their 
authorized agent, made on his own knowledge, or upon 
information and belief; and in the case of a corporation 
organized under the laws of the United States, or of any 
State or Territory thereof, by the filing of a certified copy 
of their charter or certificate of incorporation. 

LOCATORS’ RIGHTS—Sec. 2322. The locators of all 
mining locations heretofore made or which shall hereafter 
be made, on any mineral vein, lode, or ledge, situated on the 
public domain, their heirs and assigns, where no adverse 
claim exists on the tenth day of May, eighteen hundred and 
seventy-two. so long as they comply with the laws of the 
United States, and with State, Territorial, and local regu¬ 
lations not in conflict with the laws of the United States 
governing their possessory title, shall have the exclusive 
right of possession and enjoyment of all the surface in¬ 
cluded within the lines of their locations, and of all veins, 
lodes, and ledges throughout their entire depth, the top or 
apex of which lies inside of such surface lines extended 
downward vertically, although such veins, lodes, or ledges 
may so far depart from a perpendicular in their course 
downward as t© extend outside the vertical side lines of 
such surface locations. But their right of possession to 
such outside parts of such veins or ledges shall be confined 
to such portions thereof as lie between vertical planes drawn 
downward as above described, through the end lines of their 
locations, so continued in their own direction that such 
planes will intersect such exterior parts of such veins or 
ledges. And nothing in tlUs section shall authorize the lo¬ 
cator or possessor of a vein or lode which extends in its 
downward course beyond the vertical lines of his claim to 


8 UNITED STATES MINING LAWS FOR ALASKA. 

enter upon the surface of a claim owned or possessed by 
another. 

OWNERS OF TUNNEL RIGHTS—Sec. 2323. Where a 
tunnel is run for development of a vein or lode, or for the 
discovery of mines, the owners of such tunnel shall have 
the right of possession of all veins or lodes within three 
thousand feet from the face of such tunnel on the line there¬ 
of, not previously known to exist, discovered in such tun¬ 
nel, to the same extent as if discovered from the surface; 
and locations on the line of such tunnel of veins or lodes 
not appearing on the surface, made by other parties after 
the commencement of the tunnel, and while the same, is 
being prosecuted with reasonable diligence, shall be invalid; 
but failure to prosecute the work on the tunnel for six 
months shall be considered as an abandonment of the right 
to all undiscovered veins on the line of such tunnel. 

REGULATIONS BY MINERS—Sec. 2324. The miners of 
each mining district may make regulations not in conflict 
with the laws of the United States, or with the laws of the 
State or Territory in which the district is situated, govern¬ 
ing the location, manner of recording, amount of work 
necessary to hold possession of a mining claim, subject to 
the following requirements: The location must be dis¬ 
tinctly marked on the ground so that its boundaries can be 
readily traced. All records of mining claims hereafter made 
shall contain the name or names of the locators, the date 
of the location, and such a description of the claim or claims 
located by reference to some natural object or permanent 
monument as will identify the claim, in each claim lo¬ 
cated after the tenth day of May, eighteen hundred and 
seventy-two, and until a patent has been issued therefor, 
not less i than one hundred dollars’ worth of labor shall be 
performed or improvements made during each year. On all 
claims located prior to the tenth day of May, eighteen hun¬ 
dred and seventy-two, ten dollars’ worth of labor shall be 
performed or improvements made by the tenth day of June, 
eighteen hundred and seventy-four, and each year there¬ 
after, for each one hundred feet in length along the vein 
until a patent has been issued therefor: but where such 
claims are held in common, such expenditure may be made 
upon any one claim; and upon a failure to comply with 
these conditions, the claim or mine upon which such failure 
occurred shall be open to relocation in the same manner as 


UNITED STATES MINING LAWS FOR ALASKA. 


9 


if no location of the same had ever been made, provided 
that the original locators, their heirs, assigns, or legal rep¬ 
resentatives, have not resumed work upon the claim after 
failure and before such location. Upon the failure of any 
one of several co-owners to contribute his portion of the 
expenditures required hereby, the co-owners who have per¬ 
formed the labor or made the improvements may, at the 
expiration of a year, give such delinquent co-owner per¬ 
sonal notice in writing or notice by publication in the news¬ 
paper published nearest the claim for at least once a week 
for ninety days, and if at the expiration of ninety days after 
such notice in writing or by publication such delinquent 
should fail or refuse to contribute his portion of the ex¬ 
penditure required by this section, his interest in the claim 
shall become the property of his co-owners who have made 
the required expenditures. 

PATENTS, HOW OBTAINED—Sec. 2325. A patent for 
any land claimed and located for valuable deposits may be 
obtained in the following manner: Any person, associa¬ 
tion, or corporation authorized to locate a claim under this 
chapter, having claimed and located a piece of land for such 
purposes, who has, or have, complied with the terms of this 
chapter, may file in the proper landoffice an application for 
a patent, under oath, showing such compliance, together 
with a plat and field notes of the claim or claims in com¬ 
mon, made by or under the direction of the United States 
Surveyor-General, showing accurately the boundaries of the 
claim or claims, which shall be distinctly marked by mon¬ 
uments on the ground, and shall post a copy of such plat, 
together with a notice of such application for a patent, in 
a conspicuous place on the land embraced in such plat pre¬ 
vious to the filing of the application for a patent, and shall 
file an affidavit of at least two persons that such notice has 
been duly posted, and shall file a copy of the notice in such 
land-office, and shall thereupon be entitled to a patent for 
the land, in the following manner: The register of the land* 
office, upon the filing of such application, plat, field-notes, 
notices, and affidavits, shall publish a notice that such ap¬ 
plication has been made, for the period of sixty days, in a 
newspaper to be by him designated as published nearest to 
such claim; and he shall also post such notice in his office 
for the same period. The claimant at the time of filing this 
aplication, or at any time thereafter, within the sixty days 



10 


UNITED STATES MINING LAWS FOR ALASKA. 


of publication, shall file with the register a certificate of the 
United States surveyor-general that five hundred dollars’ 
worth of labor has been expended or improvements made 
upon the claim by himself or grantors; that the plat is 
correct, with such further description by such reference to 
natural objects or permanent monuments as shall identify 
the claim, and furnish an accurate description, to be incor¬ 
porated in the patent. At the expiration of the sixty days 
of publication the claimant shall file his affidavit, showing 
that the plat and notice have been posted in a conspicuous 
place on the claim during such period of publication. If no 
adverse claim shall have been filed with the register and 
the receiver of the proper land-office at the expiration of 
the sixty days of publication, it shall be assumed that the 
applicant is entitled to a patent, upon the payment to the 
proper officer of five dollalrs per acre, and that no adverse 
claim exists; and thereafter no objection from third parties 
to the issuance of a patent shall be heard, except it be 
shown that the applicant has failed to comply with the terms 
of this chapter. 

ADVERSE PROCEEDINGS—Sec. 2326. Where an ad¬ 
verse claim is filed during the period of publication, it shall 
be upon oath of the person or persons making ihe same, and 
shall show the nature, boundaries, and extent of such ad¬ 
verse claim, and all proceedings, except the publication of 
notice and making and filing of the affidavit thereof, shall 
be stayed until the controversy shall have been settled or 
decided by a court of competent jurisdiction, or the adverse 
claim waived. 'It shall be the duty of the adverse claimant, 
within thirty days after filing his claim, to commence pro¬ 
ceedings in a court of competent jurisdiction, to determine 
the question of the right of possession, and prosecute the 
same with reasonable diligence to final judgment; and a 
failure so to do shall be a waiver of his adverse claim. After 
such judgment shall have been rendered, the party entitled 
to the possession of the claim, or any portion thereof, may 
without giving further notice, file a certified copy of the 
judgment roll with the register of the land-office, together 
with the certificate of the surveyor-general that the requisite 
amount of labor has been expended or improvements made 
thereon, and the description required in other cases and 
shall pay to the receiver five dollars per acre for his claim 
together with the proper fees, whereupon the whole proceed- 


UNITED STATES MINING LAWS FOR ALASKA. 


11 


ings and the judgment-roll shall be certified by the register 
to the Commissioner of the General Land-Office, and a patent 
shall issue thereon for the claim, or such portion thereof as 
the applicant shall appear, from the decision of the courl, 
to rightly possess. If it appears from the decision of the 
court that several parties are entitled to separate and dif¬ 
ferent portions of the claim, each party may pay for his por¬ 
tion of the claim w.ih the proper fees, and file the certificate 
and description by the surveyor-general, whereupon the reg¬ 
ister shall certify the proceedings and judgment-roll to the 
Commissioner of the General Land-Office, as in the preceding 
case, and patents shall issue to the several parties accord¬ 
ing to their respective rights. Nothing herein contained 
shall be construed to prevent the alienation of a title con¬ 
veyed by a patent for a mining-claim to any person what¬ 
ever. 

DESCRIPTION OF VEIN-CLAIMS—Sec. 2327. The de¬ 
scription of vein or lode claims, upon surveyed lands, shall 
designate the location of the claim with reference to the 
lines of the public surveys, but need not conform therewith; 
but where a patent shall be issued for claims upon unsur¬ 
veyed lands, the surveyor-general, in extending the surveys, 
shall adjust the same to the boundaries of such patented 
claim, according to the plat or description thereof, but so 
as in no case to interfere with or change the location of any 
such patented claim. 

PENDING APPLICATIONS—EXISTING RIGHTS—Sec. 
2328. Applications for patents for mining-claims under for¬ 
mer laws now pending may be prosecuted to a final decision 
in the General Land-Office; but in such cases where adverse 
rights are not affected thereby, patents may issue in pur¬ 
suance of the provisions of this chapter; and all patents for 
mining-claims upon veins or lodes heretofore issued shall 
convey all the rights and privileges conferred by this chap¬ 
ter where no adverse rights existed on the tenth day of May, 
eighteen hundred and seventy-two. 

CONFORMITY OF PLACER-CLAIMS—Sec. 2329. Claims 
usually called “placers,” including all forms of deposit, ex¬ 
cepting veins of quartz, or other rock in place, shall be sub¬ 
ject to entry and patent, under like circumstances and con¬ 
ditions, and upon similar proceedings, as are provided for 
vein or lode claims; but where the lands have been pre- 


12 UNITED STATES MINING LAWS FOR ALASKA. 

viously surveyed by the United States, the entry in its ex¬ 
terior limits shall conform to the legal subdivisions of the 
public lands. 

SUBDIVISIONS—Sec. 2330. Legal subdivisions of forty 
acres may be subdivided into ten-acre tracts; and two or 
mere persons, or associations of persons, having contigous 
claims of any size, although such claims may be less than 
ten acres each, may make joint entry thereof; but no loca¬ 
tion of a placer-claim, made after the ninth day of July, 
eighteen hundred and seventy, shall exceed one hundred and 
sixty acres for any one person or association of persons, 
which location shall conform to the United States surveys; 
and nothing in this section contained shall defeat or im¬ 
pair any bona fide pre-emption or homestead claim upon 
agricultural lands, or authorize the sale of the improvements 
of any bona fide settler to any purchaser. 

CONFORMITY TO SURVEYS—Sec. 2331. Where placer- 
claims are upon surveyed lands, and conform to legal subdi¬ 
visions, no further survey or plat shall be required, and all 
placer-mining claims located after the tenth day of May, 
eighteen hundred and seventy-two, shall conform as near 
as practicable with the United States system of public-land 
surveys, and the rectangular subdivisions of such surveys, 
and no such location shall include more than twenty acres 
for each individual claimant; but where placer-claims can 
not be conformed to legal subdivisions, survey and plat shall 
be made as on unsurveyed lands; and where by the segre¬ 
gation of mineral lands in any legal subdivision a quantity 
of agricultural land less than forty acres remains, such frac¬ 
tional portion of agricultural land may be entered by any 
party qualified by law, for homestead or pre-emption pur¬ 
poses. 

EVIDENCE OF POSSESSION—Sec. 2332. Where such 
person or association, they and their grantors, have held 
and worked their claims for a period equal to the time pre¬ 
scribed by the statute of limitations for mining-claims of the 
State or Territory where the same may be situated, evidence 
of such posession and working of the claim for such period 
shall be sufficient to establish a right to a patent thereto 
under this chapter, in the absence of any adverse claim; but 
nothing in this chapter shall be deemed to impair any’lien 
which may have attached in any way whatever to any min- 


UNITED STATES MINING LAWS FOR ALASKA. 13 


ing-claim or property thereto attached prior to the issuance 
of a patent. 

PROCEEDINGS FOR PATENT—Sec. 2333. Where the 
same person, association, or corporation is in possession 
of a placer-claim, and also a vien or lode included within 
the boundaries thereof, application shall be made for a 
patent for the placer-claim, with the statement that it in¬ 
cludes such vein or lode, and in such case a patent shall 
issue for the placer-claim, subject to the provisions of this 
chapter, including such vein or lode, upon the payment of 
five dollars per acre for such vein or lode claim, and twenty- 
five feet of surface on each side thereof. The remainder of 
the placer-claim, or any placer-claim not embracing any 
vein or lode-claim, shall be paid for at the rate of two dol¬ 
lars and fifty cents per acre, together with all costs of pro¬ 
ceedings; and where a vein or lode, such as is described in 
section twenty-three hundred and twenty, is known to exist 
within the boundaries of a placer-claim, an application for 
a patent for such placer-claim which does not include an 
application for the vein or lode claim shall be construed as a 
conclusive declaration that the claimant of the placer-claim 
has no right of possesssion of the vein or lode claim; but 
where the existence of a vein or lode in a placer-claim is 
not known, a patent for the placer-claim shall convey all 
valuable mineral and other deposits within the boundaries 
thereof. 

SURVEYOR-GENERAL TO APPOINT SURVEYORS— 
Sec. 2334. The surveyor-general of the United States may ap¬ 
point in each land-district containing mineral lands as many 
competent surveyors as shall apply for appointment to sur¬ 
vey mining-claims. The expenses of the survey of vein or 
lode claims, and the survey and subdivision of placer-claims 
into smaller quantities than one hundred and sixty acres, 
together with the cost of publication of notices, shall be 
paid by the applicants, and they shall be at liberty to obtain 
the same at the most reasonable rates, and they shall also 
be at liberty to employ any United States deputy surveyor 
to make the survey. The Commissioner of the General Land- 
Office shall also have power to establish the maximum 
charges for surveys and publication of notices under this 
chapter; and, in case of excessive charges for publication, 
he may designate any newspaper published in a land-district 


14 UNITED STATES MINING DAWS FOR ALASKA. 

where mines are situated for the publication of mining no¬ 
tices in such district, and fix the rates to be charged by such 
paper; and, to the end that the Commissioner may be fully 
informed on the subject, each applicant shall file with the 
register a sworn statement of all charges and fees paid by 
such applicant for publication and surveys, together with all 
fees and money paid the register and the receiver of the 
land-office, which statement shall be transmitted, with the 
other papers in the case, to the Commissioner of the General 
Land-Office. 

VERIFICATION OF AFFIDAVITS, ETC—Sec. 2335. 
All affidavits required to be made under this chapter may 
be verified before any officer authorized to administer oaths 
within the land-district where the claims may be situated, 
and all testimony and proofs may be taken before any such 
officer, and, when duly certified by the officer taking the 
same, shall have the same force and effect as if taken be¬ 
fore the register and receiver of the land-office. In cases of 
contest as to the mineral or agricultural character of land, 
the testimony and proofs may be taken as herein provided 
on personal notice of at least ten days to the opposing party; 
or if such party cannot be found, then by publication of at 
least once a week for thirty days in a newspaper, to .be des¬ 
ignated by the register of the land-office as published near¬ 
est to the location of such land; and the register shall re¬ 
quire proof that such notice has been given. 

WHERE VEINS INTERSECT, ETC—Sec. 2336. Where 
two or more veins intersect or cross each other, priority of 
title shall govern, and such prior location shall be entitled to 
all ore or mineral contained within the space of intersection; 
but the subsequent location shall have the right -of way 
through the space of intersection for the purposes of the 
convenient working of the mine. And where two or more 
veins unite, the oldest or prior location shall take the vein 
below the point of union, including all the space of inter¬ 
section. 

PATENTS FOR NON-MINERAL LAND. ETC—Sec. 
2337. Where non-mineral land not contiguous to the vein or 
lode is used or occupied by the proprietor of such vein or 
lode for mining or milling purposes, such non-adjacent sur¬ 
face-ground may be embraced and included in an applica¬ 
tion for a patent for such vein or lode, and the same may 


UNITED STATES MINING LAWS FOR ALASKA. 


15 


be patented therewith, subject to the same preliminary re¬ 
quirements as to survey and notice as are applicable to 
veins or lodes; but no location hereafter made of such non- 
adjacent land shall exceed five acres, and payment for the 
same must be made at the same rate as fixed by this chapter 
for the superficies of the lode. 8he owner of a quartz-mill 
or reduction-works, not owning a mine in connection there¬ 
with, may also receive a patent for his mill-site, as provided 
in this section. 

SALE BY LOCAL LEGISLATURE—Sec. 2338. As a con¬ 
dition of sale, in the absence of necessary legislation by 
Congress, the local legislature of any State or Territory may 
provide rules for working mines, involving easements, drain¬ 
age, and other necessary means to their complete develop¬ 
ment; and those conditions shall be fully expressed in the 
patent. 

RIGHTS TO USE WATER FOR MINING—Sec. 2339. 
Whenever, by priority of possession, rights to the use of 
water for mining, agricultural, manufacturing, or other pur¬ 
poses, have vested and accrued, and the same are recognized 
and acknowledged by the local customs, laws, and the de¬ 
cisions of courts, the possessors and owners of such vested 
rights shall be maintained and protected in the same; and 
the right of way for the construction of ditches and canals 
for the purposes herein specified is acknowledged and con¬ 
firmed; but whenever any person, in the construction of any 
ditch or canal, injures or damages the possession of any 
settler on the public domain, the party committing such in¬ 
jury or damage shall be liable to the party injured for such 
injury or damage. 

PATENTS SUBJECT TO WATER RIGHTS—Sec. 2340. 
All patents granted, or pre-emption or homestead allowed, 
shall be subject to any vested and accrued water-rights, or 
rights to ditches and reservoirs used in connection with 
such water-rights, as may have been acquired under or 
recognized by the preceding section. 

MINERAL LANDS SUBJECT TO HOMESTEADS—Sec. 
2341. Wherever, upon the lands heretofore designated as 
mineral lands, which have been excluded from survey and 
sale, there have been homesteads made by citizens of the 
United States, or persons who have declared their intention 
to become citizens, which homesteads have been made, im- 


16 UNITED STATES MINING LAWS FOR ALASKA. 

proved, and used for agricultural purposes, and upon which 
there have been no valuable mines of gold, silver, cinnabar, 
or copper discovered, and which are properly agricultural 
lands, the settlers or owners of such homesteads shall have 
a right of pre-emption thereto, and shall be entitled to pur¬ 
chase the same at the price of one dollar and twenty-five 
cents per acre, and in quantity not to exceed one hundred 
and sixty acres; or they may avail themselves of the pro¬ 
visions of chapter five of this Title, relating to “Home¬ 
steads.” 

HOW SET APART AS AGRICULTURAL—Sec. 2342. 
Upon the survey of the lands described in the preceding sec¬ 
tion, the Secretary of the Interior may designate and set 
apart such portions of the same as are clearly agricultural 
lands, which lands shall thereafter be subject to pre-emp¬ 
tion and sale as other public lands, and be subject to all the 
laws and regulations applicable to the same. 

ADDITIONAL LAND-DISTRICTS AND OFFICERS— 
Sec. 2343. The President is authorized to establish addi¬ 
tional land-districts, and to appoint the necessary officers 
under existing laws, wherever he may deem the same neces¬ 
sary for the public convenience in executing the provisions 
of this chapter. 

NOT TO AFFECT CERTAIN RIGHTS—Sec. 2344. Noth¬ 
ing contained in this chapter shall be construed to impair, 
in any way, rights or interests in mining property acquired 
under existing laws; nor to affect the provisions of the act 
entitled “An act granting to A. Sutro the right of way and 
other privileges to aid in the construction of a draining and 
exploring tunnel to the Comstock lode, in the State of Ne¬ 
vada,” approved July twenty-five, eighteen hundred and 
sixty-six. 

IN CERTAIN STATES EXCEPTED—Sec. 2345. The 
provisions of the preceding sections of this chapter shall not 
apply to the mineral lands situated in the States of Michi¬ 
gan, Wisconsin, and Minnesota, which are declared free and 
open to exploration and purchase according to legal subdi 
visions, in like manner as before the tenth day of May 
eighteen hundred and seventy-two. And any bona fide en¬ 
tries of such lands within the States named since the tenth 
of May, eighteen hundred and seventy-two may be pat 
ented without reference to any of the foregoing provisions 


UNITED STATES MINING LAWS FOR ALASKA. 17 


of this chapter. Such lands shall be offered for public sale 
in the same manner, at the same minimum price, and under 
the same rights of pre-emption as other public lands. 

GRANT NOT TO INCLUDE MINERAL—Sec. 2346. No 
act passed at the first session of the thirty-eighth Congress, 
granting lands to States or corporations to aid in the con¬ 
struction of roads or for other purposes, or to extend the 
time of grants made prior to the thirtieth day of January, 
eighteen hundred and sixty-five, shall be so construed as to 
embrace mineral lands, which in all cases are reserved ex¬ 
clusively to the United States, unless otherwise specially 
provided in the act or acts making the grant. 


REPEAL PROVISIONS 

TITLE LXXIV. 

WHAT STATUTES EMBRACE—Sec. 5595. The fore¬ 
going seventy-three titles embrace the statutes of the 
United States general and permanent in their nature, in 
force on the first day of December, one thousand eight 
hundred and seventy-three, as revised and consolidated by 
commissioners appointed under an act of Congress, and 
the same shall be designated and cited as The Revised 
Statutes of the United States. 

REPEAL OF ACTS—Sec. 5596. All acts of Congress 
passed prior to said first day of December, one thousand 
eight hundred and seventy-three, any portion of which is 
embraced in any section of said revision, are hereby re¬ 
pealed, and the section applicable thereto shall be in force 
in lieu thereof; all parts of such acts not contained in 
such revision, having been repealed or superceded by sub¬ 
sequent acts, or not being general and permanent in their 
nature: Provided, That the incorporation into such re¬ 
vision of any general and permanent provision, taken from 
an act making appropriations, or from an act containing 
other provisions of a private, local, or temporary character, 
shall not repeal, or in any way affect any appropriation, 
or any provision of a private, local, or temporary charao 



18 UNITED STATES MINING DAWS FOR ALASKA. 

ter, contained in any of said acts, but the same shall re¬ 
main in force; and all acts of Congress passed prior to said 
last-named day no part of which are embraced in said 
provision, shall not be affected or changed by its enact¬ 
ment. 

ACCRUED RIGHTS RESERVED—Sec. 5597. The re¬ 
peal of the several acts embraced in said revision, shall 
not affect any act done, or any right accruing or accruecJ, 
or any suit or proceeding had or commenced in any civil 
cause before the said repeal, but all rights and liabilities 
under said acts shall continue, and may be enforced in the 
-ame manner, as if said repeal had not been made; nor shall 
said repeal, in any manner affect the right to any office, or 
change the term or tenure thereof. 

PROSECUTIONS—Sec. 5598. All offenses committed, 
and all penalties or forfeitures incurred under any statute 
embraced in said revision prior to said repeal, may be pros¬ 
ecuted and punished in the same manner and with the 
same effect, as if said repeal had not been made. 

LIMITATION—Sec. 5599. All acts of limitation, wheth¬ 
er applicable to civil causes and proceedings, or to the 
prosecution of offenses, or for the recovery of penalties or 
forfeitures, embraced in said revision and covered by said 
repeal, shall not be affected thereby, but all suits, proceed¬ 
ings, or prosecutions, whether civil or criminal, for causes 
arising, or acts done or committed prior to said repeal, 
may be commenced and prosecuted within the same time 
as if said repeal had not been made. 

CLASSIFICATION OF SECTIONS—Sec. 5600. The ar¬ 
rangement and classification of the several sections of the 
revision have been made for the purpose of a more con¬ 
venient and orderly arrangement of the same, and there¬ 
fore no inference or presumption of a legislative construc¬ 
tion is to be drawn by reason of the Title, under which any 
particular section is placed. 

ACTS SINCE DEC. 1, 1873, NOT AFFECTED—Sec. 
5601. The enactment of the said revision is not to affect 
or repeal any act of Congress passed since the first day 
of December, one thousand eight hundred and seventy- 
three, and all acts passed since that date are to have full 


UNITED STATES MINING LAWS FOR ALASKA. 


19 


effect as if passed after the enactment of this revision, and 
so far as such acts vary from, or conflict with any provision 
contained in said revision, they are to have effect as subse¬ 
quent statutes, and as repealing any portion of the revision 
inconsistent therewith. 

Approved June 22, 1874. 


Act of June 6, 1874, Extending Assessment. 

AN ACT to amend the act entitled “An act to promote the 
development of the mining resources of the United 
States,” passed May tenth, eighteen hundred and 
seventy-two. 

Be it enacted by the Senate and House of Representa¬ 
tives of the United States of America in Congress assem¬ 
bled, That the provisions of the fifth section of the act 
entitled “An act to promote the development of the mining 
resources of the United States,” passed May tenth, eighteen 
hundred and seventy-two, which requires expenditures of 
labor and improvements on claims located prior to the 
passage of said act, are hereby so amended that the time 
for the first annual expenditure on claims located prior to 
the passage of said act shall be extended to the first day of 
January, eighteen hundred and seventy-five. 

Act of February 11, 1875; tunnels: 

AN ACT to amend section two thousand three hundred and 
twenty-four of the Revised Statutes, relating to the de¬ 
velopment of the mining resources of the United States. 
Be it enacted by the Senate and House of Representa¬ 
tives of the United States of America in Congress as¬ 
sembled, That section two thousand three hundred and 
twenty-four of the Revised Statutes be, and the same is 
hereby amended so that where a person or company has 
or may run a tunnel for the purpose of developing a lode 
or lodes, owned by said person or company, the money so 
expended in said tunnel shall be taken and considered as 
expended on said lode or lodes, whether located prior to 
or since the passage of said act, and such person or com¬ 
pany shall not be required to perform work on the surface 
of said lode or lodes in order to hold the same as required 
by said act. 

Approved February 11, 1875. (18 Stat., 315.) 


20 UNITED STATES MINING LAWS FOR ALASKA. 

Act of June 3, 1878, Timber. 

AN ACT authorizing the citizens of Colorado, Nevada and 

the Territories to fell and remove timber on the pub¬ 
lic domain for mining and domestic purposes. 

Be it enacted by the Senate and House of Representa¬ 
tives of the United States of America in Congress as¬ 
sembled, That all citizens of the United States and other 
persons, bona fide residents of the State of Colorado or 
Nevada, or either of the Territories of New Mexico, Ari¬ 
zona, Utah, Wyoming, Dakota, Idaho, or Montana, and all 
other mineral districts of the United States, shall be and 
are hereby, authorized and permitted to fell and remove, 
for building, agricultural, mining, or other domestic pur¬ 
poses, any timber or other trees growing or being on the 
public lands, said lands being mineral, and not subject to 
entry under existing laws of the United States, except for 
mineral entry, in either of said States, Territories, or dis¬ 
tricts of which such citizens or persons may be at the time 
bona fide residents, subject to such rules and regulations 
as the Secretary of the Interior may prescribe for the pro¬ 
tection of the timber and of the undergrowth growing upon 
such lands, and for other purposes: Provided, The pro¬ 
visions of this act shall not extend to railroad corporations. 

Sec. 2. That it shall be the duty of the register and the 
receiver of any local land-office in whose district any min* 
eral land may be situated to ascertain from time to time 
whether any timber is being cut or used upon any such 
lands, except for the purposes authorized by this act, within 
their respective land districts; and, if so, they shall imme¬ 
diately notify the Commissioner of the General Land-Of¬ 
fice of that fact; and all necessary expenses incurred in 
making such proper examinations shall be paid and allowed 
such register and receiver in making up their next quar¬ 
terly accounts. 

Sec. 3. Any person or persons who shall violate the 
provisions of this act, or any rules and regulations in pur¬ 
suance thereof made by the Secretary of the Interior, shall 
be deemed guilty of a misdemeanor, and, upon conviction, 
shall be fined in any sum not exceeding five hundred dol¬ 
lars, and to which may be added imprisonment for any 
term not exceeding six months. 


UNITED STATES MINING LAWS FOR ALASKA. 21 


Act of Jan. 22, 1880, Application by Agent. 

AN ACT to amend section twenty-three hundred and 
twenty-four and twenty-three hundred and twenty-five 
of the Revised Statutes of the United States concerning 
mineral lands. 

Be it enacted by the Senate and House of Representa¬ 
tives of the United States of America in Congress as¬ 
sembled, That section twenty-three hundred and twenty- 
five of the Revised Statutes of the United States be 
amended by adding hereto the following words: “Provided, 
That where the claimant for a patent is not a resident of 
or within the land-district wherein the vein, lode, ledge, 
or deposit sought to be patented is located, the application 
for patent and the affidavits required to be made in this 
section by the claimant for such patent may be made by 
his, her, or its authorized agent, where said agent is con¬ 
versant with the facts sought to be established by said 
affidavits: And provided, That this section shall apply 
to all applications now pending for patents to mineral 
lands.” 

Sec. 2. That section twenty-three hundred and twenty- 
four of the Revised Statutes of the United States be 
amended by adding the following words: “Provided, That 
the period within which the work required to be done 
annually on all unpatented mineral claims shall commence 
on the first day of January succeeding the date of location 
of such claim, and this section shall apply to all claims 
located since the tenth day of May, anno Domini eighteen 
hundred and seventy-two.” 


Act of March 3, 1881, Failure in Title. 

AN ACT to amend section twenty-three hundred and 
twenty-six of the Revised Statutes relating to suits at 
law affecting the title to mining-claims. 

Be it enacted by the Senate and House of Represen¬ 
tatives of the United States of America in Congress as¬ 
sembled, That if, in any action brought pursuant to sec¬ 
tion twenty-three hundred and twenty-six of the Revised 
Statutes, title to the ground in controversy shall not be 
esablished by either party, the jury shall so find, and judg¬ 
ment shall be entered according to the verdict. In such 


22 TNITED STATES MINING LAWS FOR ALASKA. 

case costs shall not be allowed to either party, and the 
claimant shall not proceed in the land-office or be entitled 
to a patent for the ground in controversy until he shall 
have perfected his title. 


Affidavit of Agent. 

AN ACT to amend section twenty-three hundred and 
twenty-six of the Revised Statutes, in regard to min¬ 
eral lands, and for other purposes. 

Be it enacted by the Senate and House of Represen¬ 
tatives of the United States of America in Congress as¬ 
sembled, That the edverse claim required by section twenty- 
three hundred and twenty-six of the Revised Statutes may 
be verified by the oath of any duly authorized agent or 
attorney-in-fact of the adverse claimant cognizant of the 
facts stated; and the adverse claimant, if residing or at 
the time being beyond the limits of the distirct wherein 
the claim is situated, may make oath to the adverse claim 
before the clerk of any court of record of the United 
States or the State or Territory where the adverse claim¬ 
ant may then be, or before any notary public of such State 
or Territory. 

Sec. 2. That applicants for mineral patents, if resid¬ 
ing beyond the limits of the district wherein the claim is 
situated, may make any oath or affidavit required for proof 
of citizenship before the clerk of any court of record, or 
before any notary public of any State or Territory. 
Approved April 26, 1882. (22 Stat., 49.) 


LAND-OFFICE REGULATIONS 

Relating to Locations of Veins or Lodes After May io, 1872 

From and after the tenth of May, 1872, any person who 
is a citizen of the United States, or who has declared his 
intention to become a citizen, may locate, record, and hold 
a mining claim of fifteen hundred linear feet along the 
course of any mineral vein or lode subject to location; or 
an association of persons, severally qualified as above, may 
make joint location of such claim of fifteen hundred' feet, 


UNITED STATES MINING LAWS FOR ALASKA. 


but in no event can a location of a vein or lode made sub¬ 
sequent to May 10. 1872, exceed fifteen hundred feet along 
the course thereof, whatever may be the number of per¬ 
sons composing the association. 

With regard to the extent of surface-ground adjoining 
a vein or lode, and claimed for the convenient working 
thereof, the Revised Statutes provide that the lateral extent 
of locations of veins or lodes made after May 10, 1872, shall 
in no case exceed three hundred feet on each side of the 
middle of the vein at the surface, and that no such surface 
rights shall be limited by any mining regulations to less 
than twenty-five feet on each side of the middle of the vein 
at the surface, except where adverse rights existing on the 
tenth of May, 1872, may render such limitation necessary; 
the end-lines of such claims to be in all cases parallel to 
each other. Said lateral measurements cannot extend be¬ 
yond three hundred feet on either side of the middle of the 
vein at the surface, or such distance as is allowed by local 
laws. For example: Four hundred feet cannot be taken on 
one side and two hundred feet on the other. If, however, 
three hundred feet on each side are allowed, and by reason 
of prior claims but one hundred feet can be taken on one 
side, the locator will not be restricted to less than three 
hundred feet on the other side; and when the locator does 
not determine by exploration where the middle of the ve n 
at the surface is, his discovery shaft must be assumed to 
mark such point. 

By the foregoing it will be perceived that no lode claim 
located after the tenth of May, eighteen hundred and 
seventy-two, can exceed a parallelogram fifteen hundred 
feet in length by six hundred feet in width, but whether 
surface ground of that width can be taken, depends upon 
the local regulations or State or Territorial laws in force 
in the several mining districts, and that no such local regu¬ 
lations or State or Territorial laws shall limit a vein or 
lode claim to less than fifteen hundred feet along the course 
thereof, whether the location is made by one or more per¬ 
sons, nor can surface rights be limited to les sthan fifty 
feet in width, unless adverse claims existing on the tenth 
day of May, eighteen hundred and seventy-two, render such 
lateral limitations necessary. 

It is provided by the Revised Statutes that the miners 
of each district may make rules and regulations not in 


24 UNITED STATES MINING LAWS FOR ALASKA. 

conflict the laws of the United States, or of the State or 
Territory in which such districts are respectively situated, 
governing the location, manner of recording, and amount 
of work necessary to hold possession of a claim. They 
likewise require that the location shall be so distinctly 
marked on the ground that its boundaries may be readily 
traced. This is a very important matter, and locators 
cannot exercise too much care in defining their locations 
at the outset, inasmuch as the law requires that all records 
of mining locations made subsequent to May 10, 1872, shall 
contain the name or names of the locators, the date of the 
location, and such a description of the claim or claims 
located, by reference to some natural object or perma¬ 
nent monument, as will identify the claim. 

The statutes provide that no lode-claim shall be re¬ 
corded until after the discovery of a vein or lode within 
the limits of the claim located, the object of which pro¬ 
vision is evidently to prevent the appropriation of pre¬ 
sumed mineral ground for speculative purposes to the ex¬ 
clusion of bona fide prospectors, before sufficient work has 
been done to determine whether a vein or lode really exists. 

The claimant should, therefore, prior to locating his 
claim, unless the vein can be traced upon the surface, sink 
a shaft, or run a tunnel or drift, to a sufficient depth therein 
to discover and develop a mineral-bearing vein, lode, or 
crevice; should determine, if possible, the general course 
of such vein in either direction from the point of dis¬ 
covery, by whch direction he will be governed in marking 
the boundaries of his claim on the surface. His location 
notice should give the course and distance as nearly as 
practicable from the discovery-shaft on the claim, to some 
permanent, well-known points or objects, such’ for in¬ 
stance, as stone monuments, blazed trees, the confluence 
of streams, points of intersection of well-known gulches 
ravines, or roads, prominent buttes, hills, etc., which may 
be in the immediate vicinity, and which will serve to per¬ 
petuate and fix the locus of the claim and render it sus¬ 
ceptible of identification from the description thereof given 
in the record of locations in the district, and should be 
duly recorded. 

In addition to the foregoing data, the claimant should 
state the names of adjoining claims, or, if none adjoin 
the relative positions of the nearest claims; should drive 


UNITED STATES MINING LAWS EoE ALASKA. 25 

a post or erect a monument of stones at each corner of his 
surface-ground, and at the point of discovery or discovery 
shaft should fix a post, stake, or board, upon which should 
be designated the name of the lode, the name or names of 
the locators, the number of feet claimed, and in which 
direction from the point of discovery; it being essential 
that the location notice filed for record, in addition to the 
foregoing description should state whether the entire 
claim of fifteen hundred feet is taken on one side of the 
point of discovery, or whether it is partly upon one and 
partly upon the other side thereof, and in the latter case, 
how many feet are claimed upon each side of the discovery- 
point. 

Within a reasonable time, say twenty days, after the 
location shall have been marked on the ground, or such 
time as is allowed by the local laws, notice thereof, accu¬ 
rately describing the claim in manner aforesaid, should be 
filed for record with the proper recorder of the district, 
who will thereupon issue the usual certificate of location. 

In order to hold the possessory right to a location made 
since May 10, 1872, not less than one hundred dollars’ worth 
of labor must be performed, or improvements made there¬ 
on, annually until entry shall have been made. Under the 
provisions of the act of Congress approved January 22, 
1880, the first annual expenditure becomes due and must 
be performed during the calendar year succeeding that in 
which the location was made. Expenditure made or labor 
performed prior to the first day of January succeeding the 
date of location will not be considered as a part of, or ap¬ 
plied upon the first annual expenditure required by law. 
Failure to make the expenditure or perform the labor re¬ 
quired will subject the claim to relocation by any other 
party having the necessary qualifications, unless the orig¬ 
inal locator, his heirs, assigns, or legal representatives 
have resumed work thereon after such failure and before 
such relocation. 

The expenditures required upon mining-claims may 
be made from the surface or in running a tunnel for the 
development of such claims, the act of February 11, 1875, 
providing that where a person or company has, or may, 
run a tunnel for the purpose of developing a lode or lodes 
owned by said person or company, the money so expended 
in said tunnel shall be taken and considered as expended 


;>ti UNITED STATES MINING LAWS FOR ALASKA. 

on said lode or lodes, and such person or company shall 
not be required to perform work on the surface of said lode 
or lodes in order to hold the same. 

The importance of attending to these details in the 
matter of location, labor, and expenditure will be the more 
readily perceived when it is understood that a failure to 
give the subject proper attention may invalidate the claim. 


Tunnel Rights. 

Section 2323 provides that where a tunnel is run for 
the development of a vein or lode, or for the discovery of 
mines, the owners of such tunnel shall have the right of 
possession of all veins or lodes within three thousand fe?t 
from the face of such tunnel on the line thereof, not pre¬ 
viously known to exist, discovered in such tunnel, to the 
same extent as if discovered from the su’face; and lo a- 
tions on the line of such tunnel of veins or lodes not ap¬ 
pearing on the surface, made by other parties after the 
commencement of the tunnel, and while the same is being 
prosecuted with reasonable diligence, shall be invalid; but 
failure to prosecute the work on the tunnel for six months 
shall be considered as an abandonment of the right to all 
undiscovered veins or lodes on the line of said tunnel. 

The effect of this is simply to give the proprietors of 
a mining tunnel run in good faith the possessory right to 
fifteen hundred feet of any blind lodes cut, discovered, or 
intersected by such tunnel, which were not previously 
known to exist, within three thousand feet from the face 
or point of commencement of such tunnel, and to prohibit 
other parties, after the commencement of the tunnel, from 
prospecting for and making locations of lodes on the line 
thereof and within said distance of three thousand feet, 
unless such lodes appear upon the surface or were pre¬ 
viously known to exist. 

The term “face,” as used in said section, is construed 
and held to mean the first working-face formed in the 
tunnel, and to signify the point at which the tunnel actu¬ 
ally enters cover; it being from this point that the three 
thousand feet are to be counted, upon which prospecting 
is prohibited as aforesaid. 

To avail themselves of the benefits of this provision 
of law, the proprietors of a mining tunnel will be required 


UNITED STATES MINING DAWS FOR ALASKA. 


27 


at the time they enter cover as aforesaid, to give proper 
notice of their tunnel location by erecting a substantial 
post, board, or monument at the face or point of com¬ 
mencement thereof, upon which should be posted a good 
and sufficient notice, giving the names of the parties or 
company claiming the tunnel-right; the actual or proposed 
course or direction of the tunnel, the height and width 
thereof, and the course and distance from such face or 
point of commencement to some permanent well-known 
objects in the vicinity by which to fix and determine the 
locus in manner heretofore set forth applicable to loca¬ 
tions of veins or lodes, and at the time of posting such 
notice they shall, in order that miners or prospectors may 
be enabled to determine whether or not they are within the 
lines of the tunnel, establish the boundary lines thereof, 
by stakes or monuments placed along such lines at proper 
intervals, to the terminus of the three thousand feet from 
the face or point of commencement of the tunnel, and 
the lines so marked will define and govern as to the spe¬ 
cific boundaries within which prospecting for lodes not 
previously known to exist is prohibited while work on the 
tunnel is being prosecuted with reasonable diligence. 

At the time of posting notice and making out the lines 
of the tunnel as aforesaid, a full and correct copy of such 
notice of location defining the tunnel claim must be filed 
for record with the mining recorder of the district, to 
which notice must be attached the sworn statement or 
declaration of the owners, claimants, or projectors of such 
tunnel, setting forth the facts in the case; stating the 
amount expended by themselves and their predecessors in 
interest in prosecuting work thereon; the extent of the 
work performed, and that it is bona fide their intention 
to prosecute work on the tunnel so located and described 
with reasonable diligence for the development of a vein 
or lode, or for the discovery of mines, or both, as the case 
may be. This notice of location must be duly recorded, 
and, with the said sworn statement attached, kept on the 
recorder’s files for future reference. 

By a compliance with the foregoing much needless dif¬ 
ficulty will be avoided, and the way for the adjustment of 
legal rights acquired in virtue of said section 2323 will be 
made much more easy and certain. 

This office will take particular care that no improper 


28 UNITED STATES MINING LAWS FOR ALASKA. 


advantage is taken of this provision of law by parties 
making or professing to make tunnel locations, ostensibly 
for the purposes named in the statute, but really for the 
purpose of monopolizing the lands lying in front of their 
tunnels to the detriment of the mining interests and to the 
exclusion of bona fide prospectors or miners, but will hold 
such tunnel claimants to a strict compliance with the terms 
of the statutes; and a reasonable diligence on their part 
in prosecuting the work is one of the essential conditions 
of their implied contract. Negligence or want of due dili¬ 
gence will be construed as working a forfeiture of the right 
to all undiscovered veins on the line of such tunnel. 


Manner of Proceeding to Obtain Government 
Title to Vein or Lode Claims. 

27. By section 2325 authority is given for granting 
titles for mines by patent from the Government to any 
person, association, or corporation having the necessary 
qualifications as to citizenship and holding the right of 
possession to a claim in compliance with law. 

28. The claimant is required in the first place to have 
a correct survey of his claim made under authority of the 
surveyor-general of the State or Territory in which the 
claim lies; such survey to show with accuracy the exterior 
surface boundaries of the claim, which boundaries are re¬ 
quired to be distinctly marked by monuments on the 
ground. Four plats and one copy of the original field notes 
in each case, will be prepared by the surveyor-general- one 
plat and the original field notes to be retained in the office 
of the surveyor-general, one copy of the plat to be given the 
claimant for posting upon the claim, one plat and a copy of 
the field notes to be given the claimant for filing with the 
proper register, to be finally transmitted by that officer 
with other papers in the case, to this office, and one plat 
to be sent by the surveyor-general to the register of the 
proper land district to be retained on his files for future 
reference. As there is no resident surveyor-general for the 
State of Arkansas, applications for the survey of mineral 

c ' ai “? in J 5aid ® tate sh ° uld be made to the Commissioner 
of this office, who, under the law, is ex officio the IT q 
surveyor-general. 


UNITED STATES MINING LAWS FOR ALASKA. 


au 


29. The claimant is then required to post a copy of the 
plat of such survey in a conspicuous place upon the claim, 
together with notice of his intention to apply for a patent 
therefor, which notice will give the date of posting, the 
name of the claimant, the name of the claim, mine, or lode; 
the mining district and county; whether the location is of 
record, and, if so, where the record may be found; the num¬ 
ber of feet claimed along the vein and the presumed direc¬ 
tion thereof; the number of feet claimed on the lode in 
each direction from the point of discovery, or other well- 
defined place on the claim; the name or names of adjoining 
claimants on the same or other lodes; or, if none adjoin, 
the names of the nearest claims, etc. 

30. After posting the said plat and notice upon the 
premises, the claimant will file with the proper register and 
receiver a copy of such plat and the filed notes of survey 
of the claim accompanied by the affidavit of at least two 
credible witnesses, that such plat and notice are posted con¬ 
spicuously upon the claim, giving the date and place cf 
such posting; a copy of the notice so posted to be attached 
to, and form a part of, said affidavit. 

31. Attached to the field notes so filed must be the 
sworn statement of the claimant that he has the possessory 
right to the premises therein described, in virtue of a com¬ 
pliance by himself (and by his grantors, if he claims by 
purchase) with the mining rules, regulations and customs 
of the mining district. State, or Territory in which ihe 
claim lies, and with the mining laws of Congress; such 
sworn statement to narrate briefly, but as clearly as pos¬ 
sible, the facts constituting such compliance, the origin of 
his possession, and the basis of his claim to a patent. 

32. This affidavit should be supported by appropriate 
evidence from the mining recorder’s office as to his posses¬ 
sory right, as follows, viz: Where he claims to be a loca¬ 
tor, a full, true, and correct copy of such location should 
be furnished, as the same appears upon the mining records; 
such copy to be attested by the seal of the recorder, or if 
he has no seal, then he should make oath to the same being 
correct, as shown by his records; where the applicant 
claims as a locator in company with others who have since 
conveyed their interests in the lode to him, a copy of the 
original record of location should be filed, together with 
an abstract of title from the proper recorder, under seal 


30 UNITED STATES MINING LAWS FOR ALASKA. 

or oath as aforesaid, tracing the co-locator’s possessory 
rights in the claim to such applicant for patent; where the 
applicant claims only as a purchaser for valuable consid¬ 
eration, a copy of the location record must be filed under 
seal or upon oath as aforesaid, with an abstract of title 
certified as above by the proper recorder, tracing the right 
of possession by a continuous chain of conveyances from 
the original locators to the applicant, also certifying that 
no conveyance affecting the title to the claim in question 
appear of record in his office other than those set forth in 
the accompanying abstract. 

33. In the event of the mining records in any case hav¬ 
ing been destroyed by fire or otherwise lost, affidavit of the 
fact should be made, and secondary evidence of possessory 
title will be received, which may consist of the affidavit 

of the claimant, supported by those of any other parties ! 
cognizant of the facts relative to his location, occupancy, 
possession, improvements, etc.; and in such case of lost 
records, any deeds, certificates of location or purchase, or 
other evidence which may be in the claimant’s possession, 
and tend to establish his claim, should be filed. 

34. Upon the receipt of these papers the register will, 
at the expense of the claimant (who must furnish the agree¬ 
ment of the publisher to hold applicant for patent alone 
responsible for charges of publication), publish a notice of 
such application for the period of sixty days, in a news¬ 
paper published nearest to the claim, and will post a copv 
of such notice in his office for the same period. In ail 
cases sixty days must intervene between the first and the 
last insertion of the notice in such newspaper. When the 
notice is published in a weekly newspaper ten consecu¬ 
tive insertions are necessary; when in a daily newspaper 
the notice must appear in each issue for the required 
period. 

35. The notices so published and posted must be as 
full and complete as possible, and embrace all the data 
given in the notice posted upon the claim. 

36. Too much care cannot be exercised in the prep¬ 
aration of these notices, inasmuch as upon their accuracy 
and completeness will depend, in a great measure the reg¬ 
ularity and validity of the whole proceeding. 

37. In the publication of final-proof notices the reg¬ 
ister has no discretion under the law to designate any 







UNITED STATES MINING LAWS FOR ALASKA. 31 

other than the newspaper “nearest the land” for such pur¬ 
pose when such paper is a newspaper of general circulation. 
But he will in all cases designate the newspaper of general 
circulation that is published nearest the land, geograph¬ 
ically measured. When two or more such newspapers are 
published in the same town, nearest the land, he may select 
the one which, in his honest and impartial judgment as a 
public officer, will best subserve the purpose of the law 
and the general interests of the public. 

38. Newspaper charges must not exceed the rates es¬ 
tablished by this office for the publication of legal notices. 

39. The claimant, either at the time of filing these 
papers with the register or at any time during the sixty 
days’ publication, is required to file a certificate of the 
surveyor-general that not less than five hundred dollars' 
worth of labor has been expended or improvements made 
upon the claim by the applicant or his grantors; that the 
plat filed by the claimant is correct; that the field-notes of 
the survey, as filed, furnish such an accurate description 
of the claim as will, if incorporated into a patent, serve 
to fully identify the premises, and that such reference is 
made therein to natural objects or permanent monuments 
as will perpetuate and fix the locus thereof. 

40. It will be the more convenient way to have this 
certificate indorsed by the surveyor-general, both upon the 
plat and field-notes of survey filed by the claimant as afore¬ 
said. 

41. After the sixty days’ period of newspaper publica¬ 
tion has expired the claimant will furnish from the office of 
publication a sworn statement that the notice was published 
for the statutory period, giving the first and last day of such 
publication, and his own affidavit showing that the plat and 
notice aforesaid remained conspicuously posted upon the 
claim sought to be patented during said sixty days’ publica¬ 
tion, giving the dates. 

42. Upon the filing of this affidavit the register will, if 
no adverse claim was filed in his office during the period of 
publication, permit the claimant to pay for the land accord¬ 
ing to the area given in the plat and field notes of survey 
aforesaid, at the rate of five dollars for each acre and five 
dollars for each fractional part of an acre, the receiver is¬ 
suing the usual duplicate receipt therefor. The claimant 
will also make a sworn statement of all charges and fees 


32 UNITED STATES MINING LAWS FOR ALASKA. 

paid by him for publication and surveys, together with all 
fees and money paid the register and receiver of the land 
office; after which the whole matter will be forwarded to 
the Commissioner of the General Land Office and a patent 
issued thereon if found regular. 

43. In sending up the papers in the case the register must 
not omit certifying to the fact that the notice was posted in 
his office for the full period of sixty days, such certificate to 
state distinctly when such posting was done rand how long 
continued. 

44. The consecutive series of numbers of mineral entries 
must be continued, whether the same are of lode or placer 
claims or mill sites. 

45. The surveyors-general should designate all surveyed 
mineral claims by a progressive series of numbers, beginning 
with survey No. 37, irrespective as to whether they are situ¬ 
ated on surveyed or unsurveyed lands the claim to be so desig¬ 
nated at date of issuing the order therefor, in addition to the 
local designation of the claim. It being required in all cases 
that the plat and field-notes of the survey of a claim must, in 
addition to the reference to permanent objects in the neigh¬ 
borhood, describe the locus of the claim, with reference to the 
lines of public surveys, by a line connecting a corner of the 
claim with the nearest public corner of the United States sur¬ 
veys, unless such claim be on unsurveyed lands at a distance 
of more than two miles from such public corner, in which 
latter case it should be connected with a United States mineral 
monument. Such connecting line must not be more than two 
miles in length, and should be measured on the ground direct 
between the points, or calculated from actually surveyed 
traverse lines if the nature of the country should not permit 
direct measurement. If a regularly established survey corner 
is within two miles of a claim situated on unsurveyed lands, 
the connection should be made with such corner in preference 
to a connection with a United States mineral monument 
The connecting line must be surveyed by the deputy mineral 
surveyor at the time of his making the particular survey and 
be made a part thereof. 

46. Upon the approval of the survey of a mining claim 
made upon surveyed lands, the surveyor-general will prepare 
and transmit to the local land office and to this office a dia¬ 
gram tracing, showing the portions of legal 40-acre subdivis¬ 
ions made fractional by reason of the mineral survey desig¬ 
nating each of such portions by the proper lot number be- 


UNITED STATES MINING LAWS FOR ALASKA. 33 

ginning with No. 1 in each section and giving the area of each 
lot. 

47. The survey and plat of mineral claims, required by 
section 2325, Revised Statutes of the United States, to be filed 
in the proper land office, with application for patent, must be 
made subsequent to the recording of the location of the mine; 
and when the original location is made by survey of a United 
States deputy surveyor such location survey can not be sub¬ 
stituted for that required by the statute, as above indicated. 

48. The surveyor-general should derive his information 
upon which to base his certificate as to the value of labor ex¬ 
pended or improvements made from his deputy who makes 
the actual survey and examination upon the premises, and 
such deputy should specify with particularity and full detail 
the character and extent of such improvements. 

49. The following particulars should be observed in the 
survey of every mining claim: 

(1) The exterior boundaries of the claim should be rep¬ 
resented on the plat of survey and in the field notes. 

(2) The intersection of the lines of the survey with the 
lines of conflicting prior surveys should be noted in the field 
notes and represented upon the plat. 

(3) Conflicts with unsurveyed claims, where the appli¬ 
cant for survey does not claim the area in conflict, should be 
shown by actual survey. 

(4) The total area of the claim embraced by the exterior 
boundaries should be stated, and also the area in conflict with 


each intersecting survey, substantially as follows: 

Acres. 

Total area of claim.10.50 

Area in conflict with survey No. 302. 1.56 

Area in confl ct with survey No. 948. 2.33 

Area in conflict with Mountain Maid lode mining - claim, un¬ 
surveyed .1.48 


It does not follow that because mining surveys are re¬ 
quired to exhibit all conflicts with prior surveys the areas of 
conflict are to be excluded. The field notes and plat are made 
a part of the application for patent, and care should be taken 
that the description does not inadvertently exclude portions 
intended to be retained. It is better that the application for 
patent should state the portions to be excluded in express 
terms. 

A survey executed as in the example given will enable the 
applicant for patent to exclude such conflicts as may seem de¬ 
sirable. For instance, the conflict with survey No. 302 and 






34 UNITED STATES MINING LAWS FOR ALASKA. 

with Mountain Maid lode claim might be excluded and that 
with survey No. 948 included. 

50. The rights granted to locators under section 2322, 
Revised Statutes, are restricted to such locations on veins, 
lodes, or ledges as may be “situated on the Public domain.” 
In applications for lode claims where the survey conflicts with 
a prior valid lode claim or entry and the ground in conflict is 
excluded, the applicant not only has no right to the. excluded 
ground, but he has no right to that portion of any vein or lode 
the top or apex of which lies within such excluded ground, 
unless his location was prior to May 10, 1872. His right to 
the lode claimed terminates where the lode, in its onward 
course or strike, intersects the exterior boundary of such ex¬ 
cluded ground and passes within it. 

51. The end line of his survey should not, therefore, be 
established beyond such intersection, unless it should be' 
necessary so to do for the purpose of including ground held 
and claimed under a location which was made upon public 
land and valid at the time it was made. To include such 
ground (which may possibly embrace other lodes) the end 
line of the survey may be established within the conflicting 
survey, but the line must be so run as not to extend any 
farther into the conflicting survey than may be necessary to 
make such end line parallel to the other end line and at the 
same time embrace the ground so held and claimed. The use¬ 
less practice in such cases of extending both the side lines 
of a survey into the conflicting survey and establishing an end 
line wholly within it. beyond a point necessary under the 
rule just stated, will be discontinued. 


PLACER CLAIMS 


52. The proceedings to obtain patents for claims usually 
called placers, including all forms of deposit, excepting veins 
of quartz or other rock in place, are similar to the proceed¬ 
ings prescribed for obtaining patents for vein or lode claims; 
but where said placer claim shall be upon surveyed lands, and 
conform to legal subdivisions, no further survey or plat will 
be required, and all placer mining claims located after May 


UNITED STATES MINING LAWS FOR ALASKA. 


10, 1872, shall conform as nearly as practicable with the 
United States system of public land surveys and the rectangu¬ 
lar subdivisions of such surveys, and no such location shall 
include more than twenty acres for each individual claimant; 
but where placer claims cannot be conformed to legal sub¬ 
divisions, survey and plat shall be made as on unsurveyed 
lands. But where such claims are located previous to the 
public surveys, and do not conform to legal subdivisions, sur¬ 
vey, plat, and entry thereof may be made according to the 
boundaries thereof, provided the location is in all respects 
legal. 

53. The proceedings for obtaining patents for veins or 
lodes having already been fully given, it will not be necessary 
to repeat them he^e, it being thought that careful attention 
thereto by applicants and the local officers will enable them 
to act understandingly in the matter and make such slight 
modifications in the notice, or otherwise, as may be necessary 
in view of the different nature of the two classes of claims, 
placer claims being fixed, however, at two dollars and fifty 
cents per acre, or fractional part of an acre. 

54. By section 2330, authority is given for the subdivis¬ 
ion of forty-acre legal subdivisions into ten-acre lots, which 
is intended for the greater convenience of miners in segre¬ 
gating their claims both from one another and from inter¬ 
vening agricultural lands. 

55. It is held, therefore, that under a proper construction 
of the law these ten-acre lots in mining districts should be 
considered and dealt with, to all intents and purposes, as 
legal subdivisions, and that an applicant having a legal claim 
which conforms to one or more of these ten-acre lots, either 
adjoining or cornering, may make entry thereof, after the 
usual proceedings, without further survey or plat. 

56. In cases of this kind, however, the notice given of 
the application must be very specific and accurate in de¬ 
scription, and as the forty-acre tracts may be subdivided into 
ten-acre lots, either in the form of squares of ten by ten 
chains, or if parallelograms five by twenty chains, so long as 
the lines are parallel and at right angles with the lines of the 
public surveys, it will be necessary that the notice and appli¬ 
cation state specifically what ten-acre lots are sought to be 
patented, in addition to the other data required in the notice. 

57. Where the ten-acre subdivision is in the form of a 
square, it may be described, for instance, as the “SE 1 ^ of the 
swy 4 of the NW%,” or, if in the form of a parallelogram as 


38 


UNITED STATES MINING LAWS FOR ALASKA. 


aforesaid, it may be described as the “W% of; thejW% of the 
SV/i/i of the NW 1 ! (or the of the SV 2 of the NE/4 of the 

SEVi) of section-, township-, range-as the case 

may be; but, in addition to this description of the land, the 
notice must give all the other data that is required in a min¬ 
eral application, by which parties may be put on inquiry as 
to the premises sought to be patented. The proofs submitted 
with applications for claims of this kind must show clearly 
the character and the extent of the improvements upon the 


premises. 

Inasmuch as the surveyor-general has no duty to perform 
in connection with the entry of a placer claim of legal sub¬ 
divisions, the proof of improvemnts must show their value 
to be not less than five hundred dollars, and that they were 
made by the applicant for patent or his grantors. The an¬ 
nual expenditure to the amount of $100, required by section 
2324, Revised Statutes, must be made upon placer claims as 
well as lode claims. 


58. Applicants for patent to a placer claim, who are also 
in possession of a known vein or lode included therein, must 
state in their application that the placer includes such vein or 
lode. The published and posted notices must also include 
such statement. If veins or lodes lying within a placer lo¬ 
cation are owned by other parties, the fact should be dis¬ 
tinctly stated in the application for patent, and in all the 
notices. But in all cases whether the lode is claimed or ex¬ 
cluded, it must be surveyed and marked upon the plat; the 
field notes and plat giving the area of the lode claim or 
claims and the area pf the placer separately. It should be 
remembered that an application which omits to include an 
application for a known vein or lode therein, must be con¬ 
strued as a conclusive declaration that the applicant has no 
right of possession to the vein or lode. Where there is no 
known lode or vein, the fact must appear by the affidavit of 
two or more witnesses. 


59. By Section 2330, it is declared that no location of a 
placer claim, made after July 9, 1870, shall exceed one hun¬ 
dred and sixty acres for any one person or association of 
persons, which location shall conform to the United States 
surveys. 

60. Section 2331 provides that all placer mining claims 
located after May 10. 1872, shall conform as nearly as prac¬ 
ticable with the United States systems of public surveys, and 



UNITED STATES MINING LAWS FOR ALASKA. 


37 


the subdivisions of such surveys, and no such locations shall 
include more than twenty acres for each individual claimant. 

61. The foregoing provisions of law are construed to 
mean that after the 9th day of July, 1870, no location of a 
placer claim can be made to exceed one hundred and sixty 
acres, whatever may be the number of locators associated to¬ 
gether, or whatever the local regulations of the district may 
allow; and that from and after May 10,1872, no location made 
by an individual can exceed twenty acres, and no location 
made by an association of individuals can exceed one hundred 
and sixty acres, which location of one hundred and sixty 
acres can not be made by a less number than eight bona fide 
locators; and no local laws or mining regulations can restrict 
a placer location to less than twenty acres, although the lo¬ 
cator is not compelled to take so much. 

62. The regulations hereinbefore given as to the manner 
of marking locations on the ground, and placing the same on 
record, must be observed in the case of placer locations so 
far as the same are applicable, the law requiring, however, 
that where placer claims are upon surveyed public lands the 
locations must hereafter be made to conform to legal subdi¬ 
visions thereof as near as practicable. 

63. The first care in recognizing an application for pat¬ 
ent upon a placer claim must be exercised in determining the 
exact classification of the lands. To this end the clearest evi¬ 
dence of which the case is capable should be presented. 

(1) If the claim be all placer ground, that fact must be 
stated in the application and corroborated by accompanying 
proofs; if of mixed placers and lodes, it should be so set out, 
with a description of all known lodes situated within the 
boundaries of the claim. A specific declaration, such as is 
required by section 2333, Revised Statutes, must be furnished 
as to each lode intended to be claimed. All other known 
lodes are, by the silence of the applicant, excluded by law 
from all claim by him, of whatsoever nature, possessory or 
otherwise. 

(2) Section 2395, Revised Statutes (subdivision 7), re¬ 

quires the surveyor to “note in his field books the true situa¬ 
tion of all mines, salt licks, salt springs, and mill seats which 
come to his knowledge;” also “all water courses over which 
the lines he runs may pass.” It further requires him to 
“note the quality of the lands.” These descriptive notes are 
required by subdivision 8 to be incorporated in the plat by 
the surveyor-general. _ 



38 UNITED STATES MINING LAWS FOR ALASKA. 

(3) If these duties have been performed, the public sur¬ 
veys will furnish a reasonable guide to the district officers 
and to claimants in prosecuting their applications. But ex¬ 
perience has shown that great neglect has resulted from the 
inattention to the law in this respect, and the regular plats 
are of very little value in the matter. It will, therefore, be 
required in the future that deputy surveyors shall, at the ex¬ 
pense of the parties, make full examination of all placer 
claims surveyed by them, and duly note the facts as specified 
in the law, stating the quality and composition of the soil, the 
kind and amount of timber and other vegetation, the locus 
and size of streams, and such other matters as may appear 
upon the surface of the claim. This examination should in¬ 
clude the character and extent of all surface and underground 
workings, whether placer or lode, for mining purposes. 

(4) In addition to these data, which the law requires to 
be shown in all cases, the deputy should report with refer¬ 
ence to the proximity of centers of trade or residence; also of 
well-known systems of lode deposit or of individual lodes. 
He should also report as to the use or adaptability of the 
claim for placer mining; whether water has been brought 
upon it in sufficient quantity to mine the same, or whether 
it can be procured for that purpose; and, finally, what works 
or expenditures have been made by the claimant or his 
grantors for the development of the claim, and their situation 
and location with respect to the same as applied for. 

(5) This examination should be reported by the deputy 
under oath to the surveyor-general, and duly corroborated; 
and a copy of the same should be furnished with the applica¬ 
tion for patent to the claim, constituting a part thereof, and 
included in the oath of the applicant. 

(6) Applications awaiting entry, whether published or 
not, must be made to conform to these regulations, with re¬ 
spect to examination as to the character of the land. Entries 
already made will be suspended for such additional proofs as 
may be deemed necessary in each case. 

MILL SITES 

64. Section 2337 provides that “where non-mineral land 
not contiguous to the vein or lode is used or occupied by the 
proprietor of such vein or lode for mining or milling purposes 
such non-adjacent surface grounds may be embraced and in¬ 
cluded in an application for a patent for such vein or lode 



UNITED STATES MINING DAWS FOR ALASKA. 


39 


and the same may be patented therewith, subject to the same 
preliminary requirements as to survey and notice as are ap¬ 
plicable to veins or lodes; but no location hereafter made of 
such non-adjacent land shall exceed five acres, and payment 
for the same must be made at the same rate as fixed by this 
chapter for the superficies of the lode. The owner of a quartz 
mill or reduction works, not owning a mine in connection 
therewith, may also receive a patent for his mill site, as pro¬ 
vided in this section.” 

65. To avail themselves of this provision of law, parties 
holding the possessory right to a vein or lode, and to a piece 
of non-mineral land not contiguous thereto, for mining or 
milling purposes, not exceeding the quantity allowed for such 
purpose by section 2337, United States Revised Statutes, or 
prior laws, under which the land was appropriated, the pro¬ 
prietors of such vein or lode may file in the proper land office 
their application for a patent, under oath, in manner already 
set forth herein, which application, together with the plat 
and field notes, may include, embrace, and describe, in addi¬ 
tion to the vein or lode, such non-contiguous mill site, and 
after due proceedings as to notice, etc., a patent will be 
issued conveying the same as one claim. 

66. In making the survey in a case of this kind, the lode 
claim should be described in the plat and field notes as “Lot 
No. 37, A,” and the mill site as “Lot No. 37, B,” or whatever 
may be its appropriate numerical designation; the course and 
distance from a corner of the mill site to a corner of the lode 
claim to be invariably given in such plat and field notes, and 
a copy of the plat and notice of application for patent must 
be conspicuously posted upon the mill site as well as upon 
the vein or lode for the statutory period of sixty days. In 
making the entry no separate receipt or certificate need be 
issued, for the mill site, but the whole area of both lode and 
mill site will be embraced in one entry, the price being five 
dollars for each acre and fractional part of an acre embraced 
by such lode and mill site claim. 

67. In case the owner of a quartz mill or reduction works 
is not the owner or claimant of a vein or lode, the law per¬ 
mits him to make application therefor in the same manner 
prescribed herein for mining claims, and after due notice and 
proceedings, in the absence of a valid adverse filing, to enter 
and receive a patent for his mill site at said price per acre. 

68. In every case there must be satisfactory proof that 
the land claimed as a mill site is not mineral in character, 


40 


UNITED STATES MINING LAWS FOR ALASKA. 

which proof may, where the matter is unquestioned, consist 
of the sworn statement of the claimant, supported by that 
of one or more disinterested persons capable from acquaint¬ 
ance with the land to testify understandingly. 

69. The law expressly limits mill site locations made 
from and after its passage to five acres. 

70. The registers and receivers will preserve an un¬ 
broken consecutive series of numbers for all mineral entries. 


POSSESSORY RIGHT 

71. With regard to the proofs necessary to establish the 
possessory right to a mining claim, section 2332 provides that 
“where such person or association, they and their grantors, 
have held and worked their claims for a period equal to the 
time prescribed by the statute of limitations for mining 
claims of the State or Territory where the same may be situ¬ 
ated, evidence of such possession and working of the claims 
for such period shall be sufficient to establish a right to a 
patent thereto under this chapter, in the absence of any ad¬ 
verse claim.” 

72. This provision of law will greatly lessen the burden 
of proof, more especially in the case of old claims located 
many years since, the records of which, in many cases, have 
been destroyed by fire, or lost in other ways during the lapse 
of time, but concerning the possessory right to which all 
controversy or litigation has long been settled. 

73. When an applicant desires to make his proof of pos¬ 
sessory right in accordance with this provision of law, he 
will not be required to produce evidence of location, copies of 
conveyance, or abstracts of title, as in other cases, but will be 
required to furnish a duly certified copy of the statute of 
limitation of mining claims for the State or Territory, to¬ 
gether with his sworn statement giving a clear and succinct 
narration of the facts as to the origin of his title, and like¬ 
wise as to the continuation of his possession of the mining 
ground covered by his application; the area thereof; the 
nature and extent of the mining that has been done thereon; 
whether there has been any opposition to his possession, or 
litigation with regard to his claim, and, if so, when the same 
ceased; whether such cessation was caused by compromise or 
by judicial decree, and any additional facts within the claim¬ 
ant’s knowledge having a direct bearing upon his possession 


UNITED STATES MINING DAWS FOR ALASKA. 


•il 


and bona fides which he may desire to submit in support of his 
claim. 

74. There should likewise be filed a certificate, under 
seal of the court having jurisdiction of mining cases within 
the judicial district embracing the claim, that no suit or 
action of any character whatever involving the right of pos¬ 
session to any portion of the claim applied for is pending, 
and that there has been no litigation before said court affect¬ 
ing the title to said claim or any part thereof for a period 
equal to the time fixed by the statute of limitations for min¬ 
ing claims in the State or Territory as aforesaid, other than 
that which has been finally decided in favor of the claimant. 

75. The claimant should support his narrative of facts 
relative to his possession, occupancy, and improvements by 
corroborative testimony of any disinterested person or per¬ 
sons of credibility who may be cognizant of the facts in the 
case and are capable of testifying understanding^ in the 
premises. 

76. As a condition for the making of application for 
patent according to section 2325, there must be a preliminary 
showing the work or expenditure upon each location, either 
by showing the full amount sufficient to the maintenance of 
possession under section 2324 for the pending year; or, if there 
has been failure, it should be shown that work has been re¬ 
sumed so as to prevent relocation by adverse parties after 
abandonment. 

The “pending year” means the calendar year in which 
application is made, and has no reference to a showing of 
work at date of the final entry. 

77. This preliminary showing may, where the matter is 
unquestioned, consist of the affidavit of two or more witnesses 
familiar with the facts. 


PROCEEDINGS BEFORE THE REGISTER AND RE¬ 
CEIVER AND SURVEYOR-GENERAL IN CONTESTS 
AND HEARINGS TO ESTABLISH THE CHARACTER 
OF LANDS. 

78. The “Rules of Practice in cases before the United 
Slates district land offices, the General Land Office, and the 
Department of the Interior,” approved August 13, 1885, will, 
as far as applicable, govern in all cases and nroreedings aris- 


42 


UNITED STATES MINING LAWS FOR ALASKA. 


ing in contests, and hearings to determine the mineral or 

non-mineral character of lands. , 

79. The only tracts of public land that will be withheld 

from entry as agricultural land on account of its mineral 
character, will be such as are returned by the surveyor-gen¬ 
eral as mineral; and even the presumption which is supported 
by such return may be overcome by testimony taken at a reg¬ 
ular hearing. , A , 

80. Hearings to determine the character of land, as prac¬ 
tically distinguished, are of two kinds: 

(1) Where lands which are sought to be entered and 

patented as agricultural are alleged by affidavit to be mineral, 
or when sought as mineral their non-mineral character is al¬ 
leged. . .. 

The proceedings relative to this class are m the nature 
of a contest between two or more known parties. 

(2) When lands are returned as mineral by the sur¬ 


veyor-general. 

When such lands are sought to be entered as agricultural, 
notice must be given by publication for thirty days, with post¬ 
ing in the local office for the same period. 

81. At the hearings under either of the aforesaid classes, 
the claimants and witnesses will be thoroughly examined with 
regard to the character of the land; whether the same has 
been thoroughly prospected; whether or not there exists with¬ 
in the tract or tracts claimed any lode or vein of quartz or 
other rock in place, bearing gold, silver, cinnibar, lead, tin, 
or copper, or other valuable deposit which has ever been 
claimed, located, recorded, or worked; whether such work is 
entirely abandoned, or whether occasionally resumed; if such 
lode does exist, by whom claimed, under what designation, 
and in wilich subdivision of the land it lies; whether any 
placer mine or mines exist upon the land; if so, what is the 
character thereof—whether of the shallow surface descrip¬ 
tion, or of the deep cement, blue lead or gravel deposits; to 
what extent mining is carried on when water can be obtained, 
and what the facilities are for obtaining water for mining 
purposes; upon what particular ten-acre subdivisions min¬ 
ing has been done, and at what time the land was abandoned 
for mining purposes, if abandoned at all. 

82. The testimony should also show the agricultural ca¬ 
pacities of the land, what kind of crops are raised thereon, 
and the value thereof; the number of acres actually cultivated 
for crops of cereals or vegetables and within which particu- 


UNITED STATES MINING LAWS FOR ALASKA. 


43 


lar fen-acre subdivision such crops are raised; also which of 
these subdivisions embrace the improvements, giving in de¬ 
tail the extent and value of the improvements, such as house, 
barn, vineyard, orchard, fencing, etc., and mining improve¬ 
ments. 

83. The testimony should be as full and complete as pos¬ 
sible; and in addition to the leading points indicated above, 
where an attempt is made to prove the mineral character of 
lands which have been entered under the agricultural laws, 
it should show at what date, if at all, valuable deposits of 
minerals were first known to exist in the lands. 

84. When the case comes before this office, such decis¬ 
ion will be made as the law and the facts may justify; and in 
cases where a survey is necessary to set apart the mineral 
from the agricultural land, the necessary instructions will be 
given to enable the proper party, at his own expense, to have 
the work done, at his option, either by United States deputy, 
county, or other local surveyer; the survey in such case, where 
the claims to be segregated are vein or lode claims, must be 
executed in such manner as will conform to the requirements 
in section 2320, United States Revised Statutes, as to length 
and width and parallel end lines. 

85. Such survey when executed must be properly sworn 
to by the surveyor, either before a notary public, officer of a 
court of record, or before the register or receiver, the de¬ 
ponent’s character and credibility to be properly certified to 
by the officer administering the oath. 

86. Upon the filing of the plat and field notes of such 
survey, duly sw T orn to as aforesaid, you will transmit the same 
to the surveyor-general for his verification and approval; who, 
if he finds the work correctly performed, will properly mark 
out the same upon the original township plat in his office, 
and furnish authenticated copies of such plat and description 
both to proper local land office and to this office, to be affixed 
to the duplicate and triplicate township plats respectively. 

87. With the copy of plat and description furnished the 
local office and this office, must be a diagram tracing, verified 
by the surveyor-general, showing the claim or claims segre¬ 
gated, and designating the separate fractional agricultural 
tracts in each 40-acre legal subdivision by the proper lot num¬ 
ber, beginning with No. 1 in each section, and giving the area 
in each lot, the same as provided in paragraph 45, in the sur¬ 
vey of mining claims on surveyed lands. 

88. The fact that a certain tract of land is decided upon 


44 UNITED STATES MINING DAWS FOR ALASKA. 

testimony to be mineral in character is by no means equiva¬ 
lent to an award of the land to a miner. A miner is com¬ 
pelled by law to give sixty days’ publication of notice, and 
posting of diagrams and notices, as a preliminary step; and 
then, before he can enter the land, he must show that the 
land yields mineral; that he is entitled to the possessory 
right thereto in virtue of compliance with local customs or 
rules of miners, or by virtue of the statute of limitations; 
that he or his grantors have expended, in actual labor and 
improvements, an amount not less than five hundred dollars 
thereon, and that the claim is one in regard to which there 
is no controversy or opposing claim. After all these proofs 
are met, he is entitled to have a survey made at his own cost 
where a survey is required, after which he can enter and pay 
for the land embraced by his claim. 

89. Blank forms for proofs in mineral cases are not 
furnished by the General Land Office. 


FORMS 


NOTICE OF LOCATION—LODE CLAIM. 

Notice is hereby given that the undersigned having complied 
with the requirements of chapter 6, title 32, Revised Statutes of 
the United States, and the local customs, laws and regulations, 

has located . linear feet on the . lode, situated in . 

mining district, in . county. State of .; described as fol¬ 
lows . 

Discovered . Located . .. Locator. 


NOTICE OF LOCATION—PLACER CLAIM. 

Know all men by these presents, that I.the under¬ 

signed citizen of the United States, resident of county of 

and State of.having complied with the provisions of chapter 

6, title 32 of the Revised Statutes of the United States, and with 
local customs, laws and regulations, claim by right of discovery 
and location, as a placer claim, containing valuable deposits of 

. the following premises situate, lying and being in 

mining district (or county), county of . and State of . 

to-wit: (Description.) .’ 

To be known as: (Name). 

Located.. 189.. Date of certificate.. 189 ... 





















UNITED STATES MINING DAWS FOR ALASKA. 


15 


AFFIDAVIT OF DABOR PERFORMED. 

State of ., county of .. ss: 

Before me, the subscriber, personally appeared . 

who, being duly sworn, saith that at least . dollars worth of 

work or improvements were performed or made upon the . 

lode, situate on . mountain, in . mining district, county 

of . State of . between the first day of . A. D. 

189., and the thirty-first day of.A. D. 189.. Such expenditure 

was made by or at the expense of.owner (or one of the own¬ 

ers) of said claim, for the purpose of complying with the law and 
holding said claim. . 

Sworn and subscribed to before me this .... day of .. A. 

D. 189.. 

(Seal.) .Notary Public. 

NOTICE OF RIGHT OF WATER. 

The undersigned claims the water running in this stream for 

mining purposes to the extent of. cubic inches per second of 

time, to be conveyed by (ditch or flume) from this point to . 

claim.18.... (Signed) . 

A copy of this notice is to be posted where it is intended to 
divert the water, and a copy filed for record in the office of the 
county auditor of the county in which the point of divergence 
may be, within ten days; and actual work must be commenced 
within six months. 


TUNNED CI.AIM DOCATION CERTIFICATE. 

Know all men by these presents, that the undersigned, citi¬ 
zens of the United States, have this — day of . 18.., 

claimed by right of location, a tunnel claim for the purpose of 
discovering and working veins, lodes or deposits on the line there¬ 
of (cuttin the.lode and working the . lode). Said tunnel 

claim is situated in the . mining district, county of . 

State of . and the location and bounds of said tunnel are 

staked on the surface at the place of commencement and ter¬ 
mination, as well as along the line thereof; said claim is more 
particularly described as follows: (Give courses and distances, 
and describe as in lode location by natural objects. 

Dated . . Docator. 


GRUB STAKE PROSPECTING CONTRACT. 

In consideration of provisions advanced to me by . 

and of his agreement to supply me from time to time, as I may 
reasonably demand them, with tools, grub and mining outfit 
generally, and the sum of $— in hand paid, I agree to prospect 
for lodes and deposits in . districts, and to locate ail dis¬ 

coveries wh : ch I may consider worth the expenditure, and record 
the same in the joint names of said outfitter and myself, and in 
our names only, as equal owners. My time and labor shall stand 
against his money, piovisions, etc., as aforesaid. All expenses of 
survey and record shall be paid by the outfitter, and I agree to 
make no debts on account of this agreement. Work done on 






























UNITED STATES MINING LAWS FOR ALASKA. 


4(5 


claims after record and before the expiration of this contract 
shall be considered as done under this contract, and no charge 
for labor or time shall be made for the same. This contract shall 
stand good during the whole of the summer and fall of .ex¬ 
piring .. and during all of that period I will not work or 

prospect on my own account, or for any parties other than said 
outfitter. . 


Dated .. . 

I agree to the terms above stated. 


NOTICE OF FORFEITURE. 


- County,-, 189—. 

To—(names of all parties W’ho have record title to any portion 

of the mine). You are hereby notified that I have expended. 

dollars in labor and improvements upon the . lode (describe 

the claim), as will appear by certificate filed . 189., in the 


office of the Recorder of said county (or district), in order to hold 
said premises, under the provisions of section 2324 Revised 
Statutes of the United States, being the amount required to hold 

the same for the year ending .. 1S9.. And if within ninety 

days from the service of this notice (or within ninety days after 
this notice by publ.cation), you fail or refuse to contribute your 
proportion of such expenditure as a co-owner, your interest in 
said claim w r ill become the property of the subscriber under saic. 

section 2324. (Signed) . 

Note.—At the expiration of 180 days, this notice should be 
recorded with the affidavit of the newspaper publisher, that the 
same w'as published for the period of ninety days, together with 
the affidavit of the party signing the notice to the effect that 
one or more of the co-owners named in the published notice have 
not paid their share of the expenditure. This completes the 
record title. 

State of . County of .. ss: 


AFFIDAVIT OF FAILURE TO CONTRIBUTE. 

. being duly sw T orn, deposes and says that for the 

year ending.189., he expended at least.dollars in labor 

and improvements upon the . lode (or . placer claim— 

here describe the claim), to hold the same under the laws of the 

United States and of this . (district, Territory or State,): 

that due notice thereof was personally served upon . 

co-owners, on the . day of.189., (or was duly published 

in the . as appears from the affidavit of the publisher 

thereof); and that. (of the said) co-owners have failed 

or refused to contribute their share of said expenditures within 

the time required by law. . 

Subscribed and sw r orn to before me this . day of"!!*.... 


MINER’S LIEN. 

Know all men by these presents, that I. of the county 

of .. state of .. do hereby give notice of my intention to 

hold and claim a lien, by virtue of the statute in such case made 
































UNITED STATES MINING LAWS FOR ALASKA. 


47 


and provided, upon . (describe premises), with all improve¬ 
ments and appurtenances, situated in . mining district, 

county of . state of . 

The said lien being claimed and held for and on account of 

work and labor done by me as . for . owner of said 

premises in and upon said premises, from the. day of.. 

A. D. 189., to the . day of .. A. D. 189.. 

The total value of said work and labor being . dollars, 

upon which there has been paid the sum of. dollars, leaving 

a balance of. dollars still due, owing and unpaid to me, the 

said claimant. (Signed) . 

Make oath to same before proper officer. 

Note.—For materials insert “goods furnished and delivered to 
owners of said premises, for use on said premises, and which were 
used on said premises, as per bill annexed” in place of “work 
and labor.” 


TUNNEL CLAIM—LOCATION CERTIFICATES. 

Know all men by these presents, that the undersigned, citizens 

of the United States, have this . day of . 189., claimed 

by right of location, a tunnel claim, for the purpose of discover¬ 
ing and working veins, lodes or deposits on the line thereof (cut¬ 
ting the . lode, and working the . lode). Said tunnel 

claim is situated in the . mining district, county of . 

state of ., and the location and bounds of said tunnel are 

staked on the surface at the place of commencement and termina¬ 
tion thereof, as well as along the line thereof. Said claim is more 
particularly described as follows: (Describe the commencement 
and termination by reference to natural objects and permanent 
monuments, and the line by courses and distances.) 

Dated ., 1S9.. .. Locator. 


POWER OF ATTORNEY TO LOCATE AND SELL. 

Know all men by these presents, that we, the undersigned 
(names), . citizens of the United States, have made, consti¬ 

tuted and* appointed A. B. (some third person, who will locate 
and stake), our true and lawful attorney for us, and in our 
names to locate, stake and record for us each lode claims and 

placer mining ground in the .. . county, state of . 

and, having located the same, to bargain, sell, grant, release and 
convey the same, entire or in separate parcels, to make proper 
deeds, seal, acknowledge and deliver the same to such persons 
as our attorney may desire; hereby ratifying and confirming all 
lawful acts done by our said attorney by virtue hereof. 

Witness our hands and seals, this . day of .. 189.. 

(Names). 

State of . County of . ss: 

On this . day of . 18.., before me.in and for 

the county and state aforesaid, appeared .personally known 

to me as the nersons whose names are subscribed to the fore¬ 
going power of attorney, and acknowledged the execution there¬ 
of as their free act and deed, for the purposes therein mentioned. 

Given under my hand and. seal the day and year above 

written. 



































4S 


UNITED STATES MINING LAWS FOR ALASKA. 


NOTICE OF RIGHT TO WATER. 

The underpinned claims the water running in this.stream 

to the extent of. inches for mining purposes, to be conveyed 

by (ditch or flume) from this point to the . placer claim. 

Dated .,18... .. Locator. 

Note—This not ce is to be posted near the outlet, and the fol¬ 
lowing form is to be duly recorded in the district or county Re¬ 
corder’s office. 


PRE-EMPTION OF RIGHT OF WAY FOR DITCH AND 
LOCATION OF WATER. 

To whom these presents may concern, know ye, that I. 

of the county of .. in the state of .. a citizen of the 

United States, do hereby declare and publish as a legal notice 
to all the world, that I claim, and have a valid right to the occu¬ 
pation, possession and enjoyment of all and singular, that tract 

or parcel of land lying and being in the county of ., in the 

state of .. for the exclusive right of way for the purpose of 

constructing a flume or water ditch from . stream to . 

placer claim, more particularly described as follows: Commenc¬ 
ing (here describe the exact route for ditch or flume.) 

I also claim, and have a valid right to the enjoyment and use 

of . inches of water from said stream for mining purposes, 

to be conveyed through such flume or water ditch to said claim, 
together with all and singular, the hereditaments and appur¬ 
tenances thereunto belonging, or in any wise appertaining. 

Witness my hand and seal this.day of.A. D. 18.. 

(Name.) ..... 

Notice posted on the stream .. 18... 

Ditch commenced at claim or at stream ., 18... 

State of . County of ., ss: 

On this.day of .. 18.., before me, a . In and for 

the county aforesaid, in the state aforesaid, personally appeared 

. to me personally known to be the person who executed the 

foregoing written instrument, and acknowledged that he ex¬ 
ecuted the same for the uses and purposes therein set forth 

Witness my hand and official seal. . 


MINING DEED. 

This indenture, made the.day of.in the year of our 

Lord one thousand eight hundred and . between 

....... of the county of . and state of ....... party of'the 

first » an , d ••.•••. of the county of .. and state ot 

party of the second part; .. 

Witness, That the said party of the first part, for and In 

consideration of the sum of . dollars, lawful mnnw nf 

United States of America, to him in hand paid by the^sadd 
P a rt ^ °l Vl e seco P d Part, the receipt whereof is hereby acknowl 
edged, hath granted, bargained, sold, remised, released aniffS' 
ever quit-claimed, and by these presents dies |?£nt' lareatn' 
sefl, remise, release, and forever quit-claim, unto the BaidiSphl 
of the second part, his heirs and assigns, the .. lode P 
cated. surveyed, recorded, and held by said party of the first 







































UNITED STATES MINING DAWS FOR ALASKA. 


49 


part, situated in . mining district, . county. to¬ 

gether with all the dips, spurs, and angles, and also the metals, 
ores, gold and silver-bearing quartz, rock and earth therein, and 
all the rights, privileges, and franchises thereto incident, ap¬ 
pendant and appurtenant, or therewith usually had and enjoyed; 
and also, all and singular the tenements, hereditaments, and ap¬ 
purtenances thereunto belonging, or in any wise appertaining, and 
the rents, issues, and profits thereof; and also, all the estate, 
right, title, interest, property, possession, claim and demand 
whatsoever, as well in law as in equity, of the said party of the 
first part, of, in or to the said premises, and every part and parcel 
thereof, with the appurtenances. 

To have and to hold, ail and singular, the said premises, to¬ 
gether with the appurtenances and privileges thereto incident, 
unto the said party of the second part, his heirs and assigns for¬ 
ever warranting and defending the same against the claims of 
all persons, save and except the United States. 

Have officers attach acknowledgment. 


MINING LEASE. 

This indenture, made this . day of .. in the year of 

our Lord one thousand eight hundred and ., between . 

lessor and.lessee; Witnesseth, That the said lessor for and 

in consideration of the covenants and agreements by the said 

lessee to be paid, kept and performed.granted, demised and 

let, and by these presents do grant, demise and let unto the said 
lessee, all the following described mine and mining property, 

situated in . mining district, county of . state of . 

to-wit: (Here description of property.) Together with the ap¬ 
purtenances . to have and to hold unto the said lessee or 

tenant for the term of . from the date hereof, expiring at 

noon on the. day of .A. D. 189., unless sooner forfeited 

or determined through the violation of any covenant hereinafter 
against the said tenant .. reserved. 

And in consideration of the said demise, the said lessee does 
covenant and agree with said lessor as follows, to-wit; 

(Here insert covenants, etc. 

In witness whereof, The said parties, lessor and lessee, have 
hereunto set their hands and seals. 

. . (Seal.) 

. . (Seal.) 


BOND AND AGREEMENT FOR SALE. 

This agreement made and entered into this.day of . 

189., by and between .of the county of . state of 

. part., of the first part, and .. of the county of 

. state of . part., of the second part:. 

Witnesseth, that the said part., of the first part hereby agree 
that if the said part., of the second part shall, on or before the 

expiration of. from the date hereof, pay or cause to be paid 

to the said part., of the first part the sum of. ($_) dollars 

in gold coin, he will, upon such payment being made, make,, ex¬ 
ecute and deliver to said part., of the second part the title to all 
th.. certain lot, piece or narp*i of land situate, lying and being 
































50 


UNITED STATES MINING LAWS FOR ALASKA. 


in the county of . state of .. bounded and particularly 

described as follows, to-wit: 

The said part., of the first part further agree., that the said 

part., of the second part.agents, employes or assigns may 

at any time during the said period of . enter upon said 

premises and work, mine and prospect the same in such man¬ 
ner as .... may deem best, and mill any ore that may be taken 
therefrom (provided all work done thereon shall be done in a 
good, workmanlike manner), and may place thereon (and re¬ 
move at .... pleasure) such machinery and fixtures as may be 
necessary for the convenient working thereof. 

The said part., of the second part hereby agree., that in 

the working, mining or prospecting of said premsies-will not 

suffer or permit any lien to attach thereto for or in consequence 
of any indebtedness _ may incur for labor, materials or im¬ 

provements .... may employ, purchase or place upon said prem¬ 
ises during the said period of .; and that in case . shall 

fail to pay or cause to be paid to said part., of the first part the 
said sum of $-within said period of ., -will, at the ex¬ 

piration of said period of time, quit and surrender to said part., of 
the first part the said premises, and will within . days there¬ 

after remove any machinery and fixtures that .... may have 
placed thereon. 

It is mutually understood and agreed that the stipulations 
and agreements herein contained shall apply to and bind the 
heirs, executors, administrators and assigns of the respective 
parties hereto. 

In witness whereof, the said parties have hereunto set their 
hands and seals the day and year first above written. 

. (Seal.) 

. (Seal.) 

.(Seal.) 


ESCROW AGREEMENT. 

The inclosed deed of the . is hereby placed with . 

.. in escrow. If A. B. shall place, or cause to be placed to 

the credit of C. D., with.on or before ., 189., the 

full sum of . dollars, then and in that case the said . is 

hereby authorized to deliver the inclosed deed to A. B., or his 
order. In case the said A. B. shall not place, or cause to be 

placed, to the credit of said C. D., with said . the full sum 

of . dollars, on or before . 1S9., then the said . is 

hereby authorized to deliver the inclosed deed to the said C D 
or his order. (Signed) C. D. 

E. F. 

A. B, 






















MINING LAWS OF BRITISH COLUMBIA 


AN ACT RELATING TO GOLD AND OTHER MINERALS 
EXCEPTING COAL. 


[Being Chapter 34 of the Statutes of 1896.] 

HER MAJESTY, by and with the advice and consent of 
the Legislative Assembly of the Province of British Colum¬ 
bia, enacts as follows: 

SHORT TITLE—1. This act may be cited as the “Min¬ 
eral Act, 1896.” 

INTERPRETATION—2. In the construction of this Act 
the following expressions shall have the following meanings 
respectively, unless inconsistent with the context: 

“Mine” shall mean any land in which any vein or lode, 
or rock in place, shall be mined for gold or other minerals, 
precious or base, except coal: 

“Mineral” shall mean all valuable deposits of gold, silver, 
platinum, iridium, or any of the platinum group of metals, 
mercury, lead, copper, iron, tin, zinc, nickel, aluminum, anti¬ 
mony, arsenic, barium, bismuth, boron, bromine, cadmium, 
chromium, cobalt, iodine, magnesium, manganese, molybde¬ 
num, phosphorus, plumbago, potassium, sodium, strontium, 
sulphur (or any combination of the aforementioned elements 
with themselves or with any other elements), asbestos, 
emery, mica, and mineral pigments: 

Limestone, marble, clay, or any building stone when 
mined for building purposes shall not be considered as min¬ 
eral within the meaning of this Act: 

“Rock in place” shall mean all rock in place bearing 
valuable deposits of mineral within the meaning of this Act: 

“Vein’,’ or “lode.” Whenever either of these terms is 
used in this Act, “rock in place” shall be deemed to be in¬ 
cluded: 




MINING LAWS OF BRITISH COLUMBIA. 


f>2 


‘ Mineral claim” shall mean the personal right of prop¬ 
erty or interest in any mine. 

“Mining property” shall include every mineral claim, 
ditch, mill-site, or water right used for mining purposes, and 
all other things belonging to a mine or used in the working 
thereof: 

“Legal post” shall mean a stake standing not less than 
four feet above the ground, and squared or faced on four 
sides for at least one foot from the top, and each side so 
squared or faced shall measure at least four inches on its 
face so far as squared or faced, and any stump or tree cut off 
and squared or faced to the above height and size: 

“Mill-site” shall mean a plot of ground located, as de¬ 
fined by this Act, for the purpose of erecting thereon any 
machinery or other works for transporting, crushing, reduc¬ 
ing, or sampling ores, or for the transmission of power for 
working mines: 

“Streams” shall include all natural watercourses, whether 
usually containing water or not, and all rivers, creeks, and 
gulches: 

“Ditch” shall include a flume, pipe or race, or other arti¬ 
ficial means for conducting water by its own weight, to be 
used for mining purposes: 

“Ditch-head” shall mean the point in a natural water¬ 
course or lake, or other source, where water is first taken 
into a ditch: 

“Free miner” shall mean a person or joint stock company, 
or foreign company, named in and lawfully possessed of a 
valid existing free miner’s certificate, and no other: 

“Record,” “register,” and “registration,” shall have the 
same meaning, and shall mean an entry in some official book 
kept for that purpose: 

“Full interest” shall mean any mineral claim of the full 
size, or one of several shares into which a mineral claim shall 
be equally divided: 

“Cause” shall include any suit or action: 

“Judgment” shall include “order” or “decree:” 

“Real estate” shall mean any mineral land in fee simple 
under this or any Act relating to gold mines, or to minerals 
other than coal: 

“Joint stock company” shall mean any company duly 
incorporated for mining purposes under the “Companies 
Act,” “Companies Act, 1880,” and any company duly incor¬ 
porated in British Columbia for mining purposes under the 
“Companies Act, 1862” (Imperial), and shall include all com- 


MINING LAWS OF BRITISH COLUMBIA. 


53 


panies, whether foreign or iocai, registered or incorporated 
under the “Companies Act.” 

PART I.— Free Miners and Their Privileges. 

WHO MAY BE—3. Every person over, but not under 
eighteen years of age, and every joint stock company, shall 
be entitled to all the rights and privileges of a free miner, 
and shall be considered a free miner upon taking out a free 
miner’s certificate. A minor who shall become a free miner 
shall, as regards his mining property and liabilities con¬ 
tracted in connection therewith, be treated as of full age. A 
free miner’s certificate issued to a joint stock company shall 
be issued in its corporate name. A free miner’s certificate 
shall not be transferable. 

CERTIFICATE—4. A free miner’s certificate may be 
granted for one or more years, to run from the date thereof, 
or from the expiration of the applicant’s then existing certifi¬ 
cate, upon the payment therefor of the fees set out in the 
Schedule of Fees to this Act. Only one person or one joint 
stock company shall be named therein. 

FORM OF—5. A free miner’s certificate shall be in the 
following form: 

BRITISH COLUMBIA—FREE MINER’S CERTIFCATE—NOT 
TRANSFERABLE. 

Date. Valid for.year., only. No. 

This is to certify that .of.has paid me this day the 

sum of ., and is entitled to all the rights and privileges of a 

free miner for .year., from the _ day of . 18... 

(Signature of Gold Commissioner or Mining Recorder, as the 

case may be.) 

APPLICATION IN ABSENCE OF RECORDER—6. If 
any person or joint stock company shall apply for a free 
miner’s certificate at the Mining Recorder’s office during his 
absence, and shall leave the fee required by this Act with the 
officer or other person in charge of the said office, he or it 
shall be entitled to have such certificate from the date of such 
application; and any free miner shall at any time be entitled 
to obtain a free miner’s certificate, commencing to run at the 
expiration of his then existing free miner’s certificate, pro¬ 
vided that when he applies for such certificate he shall pro¬ 
duce to the Mining Recorder, or in case of his absence shall 
leave with the officer or other person in charge of the Mining 
Recorder’s office, such existing certificate. 









54 MINING LAWS OF BRITISH COLUMBIA. 

“ SUBSTITUTED CERTIFICATE 7. If any free 
miner’s certificate be accidentally destroyed or lost, the owner 
thereof may, on payment of the fees set out in the Schedule 
to this Act, have a true copy of it, signed by the Mining Re¬ 
corder, or other person by whom or out of whose office the 
original was issued. Every such copy shall be marked “sub¬ 
stituted certificate,” and unless some material irregularity 
be shown in respect thereof, every original or substituted 
free miner’s certificate shall be evidence of all matters therein 
contained. 

PENALTY FOR MINING WITHOUT—8. Every person 
and joint stock company engaged in mining for minerals 
(other than coal) shall take out a free miner’s certificate, and 
every person or joint stock company who mines or works as 
a miner in any mineral claim, mine held as real estate, or 
tunnel, or in any flume, drain, or ditch, without having 
taken out and obtained such certificate, shall, on conviction 
thereof in a summary way, forfeit and pay a penalty not ex¬ 
ceeding twenty-five dollars, besides costs: Provided, always, 
that nothing herein contained shall prejudice the right to 
collect wages or payment for work done by any person 
who, through not being a free miner, has rendered him¬ 
self liable to the above penalty. 

UNCERTIFICATED PERSON NOT ENTITLED TO IN¬ 
TEREST—9. Subject to the proviso hereinafter stated, no 
person or joint stock company shall be recognized as hav¬ 
ing any right or interest in or to any minteral claim, or any 
minerals therein, or in or to any water right, mining ditch, 
drain, tunnel, or flume, unless he or it shall have a free 
miner’s certificate unexpired. And on the expiration of a 
free miner’s certificate the owner thereof shall absolutely 
forfeit all his rights and interests in or to any mineral 
claim, and all and any minerals therein, and in or to any 
and every water right, mining ditch, drain, tunnel, or flume, 
which may be held or claimed by such owner of such ex¬ 
pired free miner’s certificate, unless such owner shall, on 
or before the day following the expiration of such cer¬ 
tificate, obtain a new free miner’s certificate: Provided, 
nevertheless, should any co-owner fail to keep up his free 
miner’s certificate, such failure shall not cause a forfeiture 
or act as an abandonment of the claim, but the interest of 
the co-owner who shall fail to keep up his free miner’s 
certificate shall ipso facto, be and become vested in his co- 


MINING LAWS OF BRITISH COLUMBIA. :6 

owners pro rata, according to their former interests: Pro¬ 
vided, nevertheless, that a shareholder in a joint stock com¬ 
pany need not be a free miner, and, though not a free 
miner, shall be entitled to buy, sell, hold, or dispose of any 
shares therein: And provided, also, that this section shall 
not apply to mineral claims for which a Crown grant has 
been issued: Provided, always, that if any person or com¬ 
pany shall acquire, by purchase or otherwise, any mine or 
mineral claim, or interest therein, and it shall appear that 
some person or company through whom he or it claims 
title has neglected to take out or keep up a free miner’s 
certificate, according to the provisions of this Act, such 
person or company so acquiring such mine or mineral 
claim, or interest therein, may, within one month from the 
time when he or it shall first acquire knowledge thereof, or 
if knowledge already acquired within one month after this 
Act becomes law pay to the Recorder of the Mining Divis¬ 
ion in which the claim affected is situate the fee or fees 
which ought to have been paid by such person or company 
in default as aforesaid, and thereupon the title of such per¬ 
son or company so acquiring the said mine or mineral 
claim, or interest therein, shall be deemed to be and always 
to have been as good and effectual as if no such default had 
occurred, but this last proviso shall not affect litigation 
pending at the passage of this act. 

LICENSE FOR EMPLOYEES, AND LIST—10. Every 
owner of a mine or mineral claim, and every contractor for 
the performance of any work upon a mine or mineral claim, 
shall pay the annual fee for a free miner’s license for any 
person in their employment and liable for the fee, and may 
deduct the amount so paid on account of such person from 
the amount of salary or wages due or to become due to 
him from such employer upon production and delivery of 
the receipt for such tax to such person. Every such owner 
or contractor shall furnish to the Mining Recorder or Col¬ 
lector, when requested by him so to do, from time to time, 
a list of all persons in his employ, or indirectly employed 
by him, liable to pay the said license fee; but no such state¬ 
ment shall bind the Recorder or Collector or excuse him 
from making due enquiry to ascertain its correctness. 

PENALTY—11. If any person fails to pay the said 
license fee for his employees, or to deliver to the Recorder 
or Collector the list mentioned in the preceding section 


56 


MINING LAWS OF BRITISH COLUMBIA. 


when required to do so, or knowingly states anything false¬ 
ly in such list, such person shall be liable to a penalty not 
exceeding one hundred dollars, to be recovered, together 
with the amount of the unpaid license fees, upon summary 
conviction before one Justice of the Peace. 

FREE MINER MAY PROSPECT—12. Every free 
miner shall, during the continuance of his certificate, but 
not longer, have the right to enter, locate, prospect, and 
mine upon any waste lands of the Crown for 'all minerals 
other than coal, and upon all lands the right whereon to so 
enter upon, prospect, and mine all minerals other than coal 
shall have been, or hereafter shall be, reserved to the Crown 
and its licensees, and also to enter, locate, prospect, and 
mine for gold and silver upon any lands the right whereon 
to so enter and mine such gold and silver shall have been, 
or shall be, reserved to the Crown and its licensees. Ex¬ 
cepting out of all the above description of lands any land 
occupied by any building, and any land falling within the 
curtilage of any dwelling house, and any orchard, and any 
land for the time being actually under cultivation and any 
land lawfully occupied for mining purposes other than 
placer mining, and also Indian reservations and military 
or naval reservations: Provided that where any hydraulic 
mining works, established in accordance with the “Placer 
Mining Act, 1891,” have been in operation, the land which 
may have been uncovered by the operation of such works 
shall not be located or mined upon by any free miner other 
than the person or persons carrying on such hydraulic 
works for a space of six months next after the same shall 
have been so uncovered: Provided that in the event of 
such entry being made upon lands already lawfully occu¬ 
pied for other than mining purposes, and not being a por¬ 
tion of lands granted to and held by or for a railway com¬ 
pany under any railway subsidy Act heretofore or to be 
hereafter passed, such free miner, previously to such entry, 
shall give adequate security to the satisfaction of the Gold 
Commissioner or Mining Recorder for any loss or damages 
which may be caused by such entry; and provided that, 
after such entry, he shall make full compensation to the 
occupant or owner of such lands for any loss or damages 
which may be caused by reason of such entry; such com¬ 
pensation, in case of dispute, to be determined by the court 
having jurisdiction in mining disputes, with or without a 
jury. 


MINING LAWS OF BRITISH COLUMBIA. 6? 

GAME—13. Any free miner shall be at liberty, at any 
period of the year, while actually prospecting or engaged 
in mining, to kill game for his own use. 

“PLACER MINING ACT”—14. A free miner shall have 
all the rights and privileges granted to free miners by the 
“Placer Mining Act.” 

SIZE AND FORM OF CLAIM—15. Any free miner de¬ 
siring to locate a mineral claim, shall, subject to the pro¬ 
visions of this Act with respect to land which may be used 
for mining, enter upon the same and locate a plot of ground 
measuring, where possible but not exceeding, fifteen hund¬ 
red feet in length by fifteen hundred feet in breadth, in as 
nearly as possible a rectangular form, that is to say: All 
angles shall be right angles, except in cases where a boun¬ 
dary line of a previously surveyed claim is adopted as com¬ 
mon to both claims, but the lines need not necessarily be 
meridional. In defining the size of a mineral claim, it shall 
be measured horizontally, irrespective of inequalities of the 
surface of the ground. 

HOW TO STAKE—16. A mineral claim shall be 
marked by two legal posts, placed as near as possible on the 
line of the ledge or vein, and the posts shall be numbered 1 
and 2, and the distance between posts 1 and 2 shall not ex¬ 
ceed fifteen hundred feet, the line between posts Nos. 1 and 
2 to be known as the location line, and upon posts Nos. 1 and 
2 shall be written the name given to the mineral claim, 
the name of the locator, and the date of the location. Upon 
No. 1 post there shall be written, in addition to the forego¬ 
ing, “Initial Post,” the approximate compass bearing of No. 
2 post, and a statement of the number of feet lying to the 
right and to the left of the line from No. 1 to No. 2 post 

thus: “Initial post. Direction to post No. 2, . 

feet of this claim lie on the right, and . feet on the 

left of the line from No. 1 to No. 2 post.” 

All the particulars required to be put on No. 1 and No. 
2 posts shall be furnished by the locator to the Mining 
Recorder, in writing, at the time the claim is recorded, 
and shall form a part of the record of such claim. 

When a claim has been located, the holder shall im¬ 
mediately mark the line between posts Nos. 1 and 2 so that 
it can be distinctly seen; in a timbered locality, by blaz¬ 
ing trees and cutting underbrush, and in a locality where 
there is neither timber nor underbrush he shall set legal 




58 MINING LAWS OF BRITISH COLUMBIA. 

posts or erect monuments of earth or rock not less than 
two feet high and two feet in diameter at base, so that 
such line can be distinctly seen. 

The locator shall also place a legal post at the point 
where he has discovered rock in place, on which shall be 
written “Discovery Post:’’ Provided that when the claim 
is surveyed, the surveyor shall be guided entirely by posts 
1 and 2 and the notice of No. 1, the initial post, and the 
records of the claim. 

It shall not be lawful to move No. 1 post, neither shall 
it be lawful to move No. 2 post, except for the correction 
of distance by the Provincial Government Surveyor. Nos. 

1 and 2 posts shall govern the direction of one side of the 
claim. 

(a.) The holder of a mineral claim shall be entitled 
to all minerals which may lie within his claim, but he shall 
not be entitled to mine outside the boundary lines cf his 
claim continued vertically downwards: 

(b.) This Act shall not prejudice the rights of claim- 
owners nor claim-holders whose claims have been located 
under former Acts: 

(c.) No mineral claim of the full size shall be recorded 
without the application being accompanied by an affidavit 
or solemn declaration in the Form S, made by the appli¬ 
cant or some person on his behalf cognizant of the facts: 
That the legal notices and posts have been put up; that 
mineral has been found in place on the claim proposed to 
be recorded; that the ground applied for is unoccupied by 
any other person as a mineral claim, and is not occupied 
by any building, or any land falling within the curtilage 
of any dwelling-house, or any orchard, or any land under 
cultivation of any Indian reservation. In the said declar¬ 
ation shall be set out the name of the applicant, the num¬ 
ber and date of his free miner’s certificate, and the name 
of the place where the said certificate was issued, and the 
date of the location of the claim. The words written on 
the No. 1 and No. 2 posts shall be set out in full, and as 
accurate a description as possible of the position of the 
claim given, having special reference to any prior locations 
which it may join: 

No mineral claim which at the date of its record is 
known by the locator to be less than a full sized mineral 
claim, shall be recorded without the word “fraction” being 
added to the name of the claim, and the application being 


MINING LAWS OF BRITISH COLUMBIA. 


59 


accompanied by an affidavit or solemn declaration in the 
Form T, made by the applicant or some person on his be¬ 
half cognizant of the facts: That the legal posts and 
notices have been put up; that mineral has been found in 
place on the fractional claim proposed to be recorded; that 
the ground applied for is unoccupied by any other person 
as a mineral claim, and is not occupied by any building, or 
any land falling within the curtilage of any dwelling-house, 
or any orchard, or any land under cultivation, or any 
'Indian Reservation. In the said declaration shall be set 
out the name of the applicant, the number and date of his 
free miner’s certificate, and the name of the place where 
the said certificate was issued, and the date of the location 
of the claim. The words written on the No. 1 and No. 2 
posts shall be set out in full, and as accurate a description 
as possible of the position of the claim given. A descrip¬ 
tion of the land bounding the fractional claim on all sides 
shall state whether it is vacant Crown land or land occu¬ 
pied by mineral claims, with the names of the claims. A 
sketch plan shall be drawn by the applicant on the back 
of declaration, showing as near as may be the position 
of the adjoining mineral claims, and the shape and size, 
expressed in feet, of the fraction desired to be recorded: 

(d.) Provided that the failure on the part of the loca¬ 
tor of a mineral claim to comply with any of the foregoing 
provisions of this section shall not be deemed to invalidate 
such location, if upon the facts it shall appear that such 
locator has actually discovered mineral in place on said 
location, and that there has been on his part a bona 
fide attempt to comply with the provisions of this Act, 
and that the non-observance of the formalities hereinbefore 
referred to is not of a character calculated to mislead other 
persons desiring to locate claims in the vicinity. 

SUNDAY—17. Any location made upon Sunday or any 
public holiday shall not for that reason be invalid, any law 
or statute to the contrary notwithstanding. 

STAKING OUT—18. In cases where, from the nature 
or shape of the ground, it is impossible to mark the loca¬ 
tion line of the claim, as provided by this act, then the claim 
may be marked by placing legal posts as nearly as possible 
to the location line, and noting the distance and direction 
such posts may be from such location line, which distance 
and direction shall be set out in the record of the claim. 


GO MINIMG LAWS OF BRITISH COLUMBIA. 

RECORD—19. Every free miner locating a mineral 
claim shall record the same with the Mining Recorder of 
the district within which the same is situate, withn fifteen 
days after the location thereof, if located within ten miles 
of the office of the said Mining Recorder. One additional day 
shall be allowed for such record for every additional ten 
miles or fraction thereof. Such record shall be made in a 
book to be kept for the purpose in the office of the said 
Mining Recorder, in which shall be inserted the name of 
the claim, the name of each locator, the number of each 
locator’s free miner’s certificate, the locality of the mine, 
the direction of the location line, the length in feet, the 
date of location, and the date of the record. Such record 
shall be, as near as may be possible, in the form B in the 
Schedule to this Act, and a certified copy thereof shall be 
given by the Mining Recorder to the free miner or his 
agent. A claim which shall not have been recorded within 
the prescribed period shall be deemed to have been aban¬ 
doned. 

WHEN A FREE MINER ENTITLED TO RECORD— 
20. A free miner shall not be entitled to a record of a min¬ 
eral claim until he shall have furnished the said Mining 
Recorder with all the above particulars. 

RECORDER’S OFFICE—21. Upon the establishment 
of a mining division and the opening of a Mining Record¬ 
er’s Office therein, under the authority of this Act, such 
office and none other shall be the proper office for record¬ 
ing all mineral claims within such mining division, and 
making all records in respect thereof. 

RECORDING CLAIM IN WRONG DISTRICT—22. If 
through ignorance any free miner shall record a mineral 
claim in a different mining division to that in whch such 
claim is situate, such error shall not affect his title to such 
claim, but he shall, within fifteen days from the discovery 
of his error, record such claim in the mining division in 
which it is stuate, and such new record shall bear the date 
of the first record, and a note shall be made thereon of the 
error and of the date of the rectification of the same. 

ABSENCE OF RECORDER—23. If a free miner ap¬ 
plies at the Mining Recorder’s Office during his absence to 
record a mineral claim, or any document or other mat¬ 
ter required by this Act to be recorded, and leaves the 
fee required by this Act, and the particulars and information 


MINING .LAWS OF BRITISH COLUMBIA. «1 

required to enable the Mining Recorder to make such 
record, with the officer or other person in charge of said 
office, he shall be entitled to have such record dated on 
the date of such application. 

DURATION OF CLAIM—24. Any free miner having 
duly located and recorded a mineral claim shall be entitled 
to hold the same for a period of one year from the recording 
of the same, and thence from year to year without the ne¬ 
cessity of re-recording: Provided, however, that during 

each year and each succeeding year, such free miner shall 
do, or cause to be done, work on the claim itself to the value 
of one hundred dollars, and shall satisfy the Gold Com¬ 
missioner or Mining Recorder that such work has been 
done, by an affidavit of the free miner or his agent, setting 
out a detailed statement of such work, and shall obtain 
from such Gold Commissioner or Mining Recorder, and 
shall record a certificate of such work having been done: 
Provided, also, that all work done outside of a mineral 
claim with intent to work the same shall, if such work 
have direct relation and be in direct proximity to the 
claim, be deemed, if to the satisfaction of the Gold Com¬ 
missioner or Mining Recorder, for the purposes of this 
section, to be work done on the claim: Provided, further, 
that any free miner, or company of free miners holding 
adjoining mineral claims, or any two or more free miners 
who locate and record adjoining mineral claims, to be 
worked by them in partnership under the provisions of any 
Act for the time being in force, shall, subject to filing a 
notice of their intention with the Gold Commissioner or 
Mining Recorder, be allowed to perform on any one or 
more of such claims all the work required to entitle him 
or them to a certificate for work for each claim so held 
by him or them. If such work shall not be done, or if such 
certificate shall not be so obtained and recorded, in each 
and every year, the claim shall be deemed vacant and 
abandoned, any rule of law or equity to the contrary not¬ 
withstanding. 

PAYMENT INSTEAD OF ASSESSMENT—25. The 
holder of a mineral claim may, in lieu of the work re¬ 
quired to be done by section 24 of this Act, on a claim 
in each year, pay to the Mining Recorder in whose office the 
claim is recorded the sum of one hundred dollars and re¬ 
ceive from such Recorder and record a receipt for such 


62 


MINING LAWS OF BRITISH COLUMBIA. 


payment. Such payment and the record thereof in any 
year shall relieve the person making it from the necessity 
of doing any work during the year in and for which and 
upon the claim in respect of which such payment is re¬ 
corded. 

SURFACE RIGHTS—26. The owner of a mineral 
claim shall be entitled to all surface rights, including the 
use of all the timber thereon for mining or building pur¬ 
poses in connection with the working of said claim, so 
long as he holds the said claim for the purpose of devel¬ 
oping the minerals contained therein, but no longer. 

PRIORITY OF LOCATION—27. In case of any dispute 
as to the location of a mineral claim the title to the claim 
shall be recognized according to the priority of such loca¬ 
tion, subject to any question as to the validity of the record 
itself, and subject, further, to the free miner having com¬ 
plied wih all the terms and conditions of this Act. 

IRREGULARITIES PREVIOUS TO LAST CERTIFI¬ 
CATE OF TITLE—28. Upon any dispute as to the title 
to any mineral claim no irregularity happening previous to 
the date of the record of the last certificate of work shall 
affect the title thereto, and it shall be assumed that up to 
that date the title to such claim was perfect, except upon 
suit by the Attorney-General based upon fraud. 

ONLY ONE CLAIM HELD BY FREE MINER- 
29. No free miner shall be entitled to hold in his own 
name, or in the name of any other person, more than one 
mineral claim on the same vein or lode, except by pur¬ 
chase, but such free miner may hold by location a claim 
upon any separate vein or lode. 

ABANDONMENT—30. A free miner may at any time 
abandon any mineral claim by giving notice in writing of 
such intention to abandon to the Mining Recorder, and 
from the date of such notice all interest of such free miner 
in such claim shall cease. 

MACHINERY ON—31. When a free miner abandons a 
mineral claim he shall have the right to take from the same 
any machinery and any personal property which he may 
have placed on the claim, and any ore which he may have 
extracted therefrom, within such time as shall be fixed by 
the Gold Commissioner or Mining Recorder. 


MINING LAWS OF BRITISH COLUMBIA. 

RE-LOCATION OF—32. No free miner shall be enti¬ 
tled to re-locate any mineral claim, or any portion thereof, 
which he shall have failed to record within the prescribed 
period, or which he shall have abandoned or forfeited, un¬ 
less he shall have obtained the written permission of the 
Gold Commissioner to make such relocation; and he shall 
hold no interest in any portion of such mineral claim, by 
location, without such permission. 

RIGHT TO LODES DISCOVERED IN A TUNNEL- 
33. Where a tunnel is run for the development of a vein 
or lode the owner of such tunnel shall, in addition to any 
mineral claim legally held by him, have the right to all 
veins or lodes discovered in such tunnel: Provided that the 
ground containing such veins or lodes be marked out by him 
as a mineral claim, and be duly recorded within fifteen days 
after such discovery; and provided further, that such veins 
or lodes are not included in any exsisting mineral claim. 
Any money or labor expended in constructing a tunnel to de¬ 
velop a vein or lode shall be deemed to have been expended 
on such vein or lode. 

INTEREST IN CLAIM—34. The interest of a free 
miner in his mineral claim shall, save as to claims held as 
real estate, be deemed to be a chattel interest, equivalent to 
a lease, for one year, and thence from year to year, subject 
to the performance and observance of all the terms and 
conditions of this act. 

PURCHASE OF—35. Any lawful holder of a mineral 
claim shall be entitled to a Crown grant thereof on payment 
to the Government of British Columbia of the sum of five 
hundred dollars in lieu of expenditure on the claim. The in¬ 
tending purchaser shall comply with all the provisions of 
section 36 of this Act, except such as have respect solely to 
the work required to be done on claims. 

WHO ENTITLED TO CERTIFICATE OF IMPROVE¬ 
MENTS—36. Whenever the lawful holder of a mineral claim 
shall have complied with the following requirements, to the 
satisfaction of the Gold Commissioner, he shall be entitled 
to receive from the Gold Commissioner a certificate of im¬ 
provements in respect of such claim, unless proceedings by 
the person claiming an adverse right under section 37 of this 
Act have been taken: 

(a.) Done or caused to be done work on the claim itself 
in developing a mine to the value of five hundred dollars, 


f>4 


MINING LAWS OF BRITISH COLUMBIA. 


exclusive of all houses, buildings and other like improve¬ 
ments. For the purpose of this section work done on the 
claim by a predecessor or predecessors in title shall be 
deemed to have been done by the applicant who receives a 
transfer of such claim; but in no case shall the cost of sur¬ 
veying be considered as improvements or work done on the 
claim: 

(b.) Found a vein or lode within the limits of such 
claim: 

(c.) Had the claim surveyed by an authorized Pro¬ 
vincial Land Surveyor, who shall have made three plats of 
the claim, and who shall have accurately defined and marked 
the boundaries of such claim upon the ground, and indicated 
the corners by placing monuments or legal posts at the angles 
thereof, and upon such monuments or posts shall be inscribed 
by him the name and the official designation of the claim, 
and the corner represented thereby, and who shall have, on 
completion of survey, forwarded at once the original field- 
notes and plan direct to the Lands and Works Department. 
After a certificate of improvements has issued in respect of 
any claim so surveyed, prima facie evidence of its location 
upon the ground may be given by any person who has seen 
and can describe the positions of such posts purporting to be 
so marked as aforesaid, and the said field-notes, or a copy 
thereof certified in accordance with the “Evidence Act,” 
shall be received in all courts as prima facie evidence of the 
facts which they purport to set forth: 

(d.) Shall have posted on some conspicuous part of the 
land embraced in the survey a copy of the plat of the claim, 
and a legible notice in writing, in form F of the schedule to 
this Act, of his intention to apply for a certificate of im¬ 
provements, and shall also have posted a similar notice in 
the Mining Recorder’s office, and such notice shall contain— 

(1.) The name of the claim; 

(2.) The name of the lawful holder thereof; 

(3.) The number of such holder’s existing free miner’s 
certificate. 

(4.) His intention to apply for certificate of improve¬ 
ments at the end of sixty days, for the purpose of obtaining 
a Crown grant; 

(5.) The date of the notice: 

(e.) Inserted a copy of such notice in the British Colum¬ 
bia Gazette and in any newspaper published in the Province 
and circulating in the district in which the claim is situate’ 
for at least sixty days prior to such application, which inser- 


66 


MINING LAWS OF BRITISH COLUMBIA. 

tion can be made at any time after the posting of the notice 
on the claim: 

(f.) Shall have filed with the Mining Recorder a copy of 
the surveyor’s original field-notes and plat immediately after 
posting the notice on the claim of his intention to apply for a 
certificate of improvements: 

(g.) Piled with the Mining Recorder— 

(1.) An affidavit of the holder of the claim, or his agent, 
in the Form G in Schedule of this Act. 

(h.) At the expiration of the term of the said publication, 
provided no action shall have been commenced and notice 
thereof filed with the Mining Recorder, he shall forward to 
the owner or agent, under Form I of the Schedule to this Act, 
the documents referred to above, together with a certificate 
that the notice provided by section 36, sub-section (d), has 
been posted in his office, and the field-notes and plan de¬ 
posited for reference therein from the date of the first ap¬ 
pearance of the said notice in the British Columbia Gazette 
and continuously therefrom for a period of at least sixty 
days. The Recorder shall also set out in Form I the name 
of the recorded owner of the claim at the date of signing the 
same. 

CERTIFICATE NOT IMPEACHED WHEN—37. (1.) A 

certificate of improvements when issued as aforesaid shall 
not be impeached in any court on any ground except that of 
fraud. 

(2.) In case any person shall claim an adverse right of 
any kind, either to possession of the mineral claim referred 
to in the application for certificate of improvements or any 
part thereof, or to the minerals contained therein, he shall, 
within sixty days after the publication in the British Colum¬ 
bia Gazette of the notice referred to in section 36 hereof 
(unless such time shall be extended by special order of the 
court upon cause being shown), commence an action in the 
Supreme Court of British Columbia to determine the question 
of the right of possession or otherwise enforce his said claim, 
and shall file a copy of the writ in said action with the Min¬ 
ing Recorder of the district or mining division in which the 
said claim is situate within twenty days from the commence¬ 
ment of said action, and shall prosecute the said suit with 
reasonable diligence to final judgment, and a failure to so 
commence or so to prosecute shall be deemed to be a waiver 
of the plaintiff’s claim. After final judgment shall have been 
rendered in the said action the person or any one of the per¬ 
sons entitled to the possession of the claim or any part there- 


m L s 


66 


MINING LAWS OF BRITISH COLUMBIA. 


of, may file a certified copy of the same in the office of the 
Mining Recorder. Alter the filing of the said judgment, and 
upon compliance with all the requirements of the next pre¬ 
ceding section, such person or persons shall be entitled to the 
issue to him or to them of a certificate of improvements in 
respect of the claim or the portion thereof which he or they 
shall appear from the decision of the court rightly to pos¬ 
sess: Provided that this section shall not apply to any ad¬ 
verse claim filed or action to enforce the same commenced 
prior to the date of this Act coming into force, but the same 
shall be continued in the same manner as if this Act had not 
been passed. 

CERTIFICATE OF IMPROVEMENTS—38. After the 
issuing and recording of such certificate of improvements, 
and while such certificate shall be in force it shall not be 
necessary to do any work on such claim. 

WHEN ENTITLED TO GRANT—39. On the granting 
and recording of such certificate of improvements in respect 
to a mineral claim situate outside of the Railway Belt, the 
holder thereof shall be entitled to a Crown grant of such 
claim without the payment of five hundred dollars required 
by section 35. And on the granting and recording of such 
certificate of improvements in respect of a mineral claim 
situate inside the Railway Belt, the holder thereof shall be 
entitled to a Crown grant of such claim on the payment of 
five dollars per acre to the Mining Recorder. 

APPLICATION FOR GRANT—40. The holder of a 
mineral claim for which a certificate of improvements has 
been granted and recorded shall make application for a 
Crown grant to the Gold Commissioner, enclosing his certi¬ 
ficate of improvements, the Crown grant fee of five dollars, 
the Mining Recorder’s Certificate, Form I, the field-notes and 
plat, and the affidavit, Form G, within three months from 
the date of such certificate of improvements, and in default of 
such application having been made within such time such 
certificate of improvements shall lapse and become absolutely 
void. 

TRANSFER AFTER APPLICATION—41. If the hold¬ 
er of a mineral claim, after applying for a certificate of im¬ 
provements, shall sell and transfer such claim to another free 
miner, upon satisfactory proof of such sale and transfer being 
made to the Gold Commissioner, the new holder of the claim 
shall be entitled to a certificate of improvements in his own 


MINING LAWS OF BRITISH COLUMBIA. <57 

name. And if a sale and transfer shall be made to any per¬ 
son or company after a certificate of improvements shall 
have been issued, upon proper proof of such sale and transfer 
being made to the satisfaction of the Chief Commissioner of 
Lands and Works, the Crown grant shall issue to the new 
holder of the claim. 

WHEN NOT TO TRANSFER—42. When a holder of a 
mineral claim has taken out his certificate of improvements 
he shall not record any transfer of his rights in the said 
claim until he obtains his Crown grant. 

LIEN—43. The issuance of a Crown grant shall not in¬ 
validate any lien which may have attached to any mineral 
claim previous to the issuance of such Crown grant. 

WHAT PASSES BY GRANT ON WASTE LAND—44. A 
Crown grant of a mineral claim located on any waste lands 
of the Crown shall be deemed to transfer and pass the right 
to all minerals within the meaning of this Act (excepting 
coal) found in veins, lodes, or rock in place, and whether 
such minerals are found separately or in combination with 
each other, in, upon, or under the land in the said Crown grant 
mentioned. 

WHAT PASSES BY GRANT WHEN ALL MINERALS 
(SAVE COAL) HAVE BEEN RESERVED—45. Crown 
grants of mineral claims located on lawfully occupied lands, 
the right whereon to enter, prospect, and mine all minerals 
(other than coal) has been reserved to the Crown and its 
licensees, shall pass to the grantee all minerals within the 
meaning of this Act (other than coal) found in veins, or lodes, 
or rock in place, and whether such minerals are found sep¬ 
arately or in combination with each other, which may be in, 
upon, or under the land in the said Crown grant mentioned, 
and including all the rights given to mineral claim holders 
of mineral claims so located, but such Crown grant shall ex¬ 
pressly reserve the rights of such prior occupant. 

(Where the mineral claim is located on land lawfully 
occupied under a timber lease, the Crown grant shall convey 
the surface and minerals within the meaning of this Act 
(save coal) found in veins, or lodes, or rock in place, but 
shall reserve the timber.) 

WHAT PASSES BY GRANT WHEN GOLD AND SIL¬ 
VER HAS BEEN RESERVED—46. Crown grants of mineral 
claims located on lawfully occupied lands, the right whereon 
to enter and mine gold and silver has been reserved to the 


68 


MINING LAWS OF BRITISH COLUMBIA. 


Crown and its licensees, shall pass to the grantee all the gold 
and silver found in veins, or lodes, or rock in place, which 
may be in, upon, or under the land in the said Crown grant 
mentioned, and including all the rights given to mineral 
claim holders of mineral claims so located; but such Crown 
grant shall expressly reserve the rights of such prior occu¬ 
pant. 

ADVERSE CLAIM TO PART—47. If an adverse claim 
shall only affect a portion of the ground for which a certifi¬ 
cate of improvements is applied, the applicant may relinquish 
the portion covered by the adverse claim, and still be entitled 
to a certificate of improvements for the undisputed remainder 
of his claim, upon complying with the requirements of this 
Act. 


AFTER JUDGMENT—48. When judgment in such case 
is rendered by the court, a memorandum of such judgment 
shall be entered in the “Record Book;” and if by any judg¬ 
ment the original boundaries of any claim shall be changed, 
a plat made by a Provincial Land Surveyor, and signed by 
the judge by whom the judgment has been given, shall be 
filed in the office of the Mining Recorder. 

RECORDING—49. Every conveyance, bill of sale, mort¬ 
gage, or other document of title relating to any mineral claim, 
not held as real estate, or mining interest, shall be recorded 
within the time prescribed for recording mineral claims: 
Provided, always, that the failure to so record any such docu¬ 
ment shall not invalidate the same as between the parties 
thereto, but such documents as to third parties shall take 
effect from the date of record, and not from the date of such 
document: And provided further, that after the issuance 
of a Crown grant for any mineral claim it shall not be neces¬ 
sary to register any transfer or other document of title exe¬ 
cuted subsequent to such Crown grant with the Mining Re¬ 
corder of the district in which the said claim is situated; but 
all documents relating to the same may thereafter be regis¬ 
tered in the same manner as are other documents of title re¬ 
lating to the transfer of real estate, and all the provisions of 
the “Land Registry Act,” and any amendments thereto shall 
apply to such registration. 

TRANSFERS—50. No transfer of any mineral claim, or 
of any interest therein, shall be enforceable unless the same 
shall be in writing, signed by the transferer, or by his agent 
authorized in writing, and recorded by the Mining Recorder; 


MINING LAWS OF BRITISH COLUMBIA. 


G9 


and if signed by an agent, the authority of such agent shall 
be recorded before the record of such transfer. All mineral 
claims derived under Crown grant, and every transfer thereof, 
or any interest therein, shall be registered under the provi¬ 
sions of the “Land Registry Act.” 

UNDER “ GOLD MINING AMENDMENT ACT, 1873 
51. The transfer of any real estate acquired under the pro¬ 
visions of the Gold Mining Amendment Act, 1873,” shall be 
in writing, signed by the transferrer or his agent authorized 
in writing, and need not be by deed or under seal. 

ILLNESS AND DEATH OF MINER—52. No mineral 
claim shall be open to location by any other person during 
the last illness nor, unless with the permission in writing of 
the Gold Commissioner, for twelve months after the death of 
the lawful holder. 

FAULTS OF OFFICIALS—53. No free miner shall suf¬ 
fer from any acts of omission, or commission, or delays on 
the part of any Government official, if such can be proven. 


PART II.—Mill Sites. 

LOCATION OF—54. A free miner may locate any unoccu¬ 
pied and unreserved Crown land not known to contain min¬ 
eral, and not exceeding five acres, as a mill-site. No free 
miner shall be entitled to obtain and hold under this section 
more than one mill-site for each mineral claim lawfully held 
by him. Such mill-site shall be as nearly as possible in the 
form of a square. On locating a mill-site, the free miner 
shall comply with the following requirements: 

(a.) Mark out the land by placing a legal post at each 
corner: 

(b.) Post a notice on each post, stating— 

1. The name of such free miner: 

2. The number of his free miner’s certificate: • 

3. His intention, at the expiration of sixty days from 
the date of the notice, to apply for the land as a mill-site: 

4. The date of the notice: 

(c.) Post a copy of such notice on the ofliee of the Min¬ 
ing Recorder. 

LEASE AND CROWN GRANT, WHEN—55. On the 
expiration of sixty days after the fulfillment of the above 
requirements, the free miner shall deposit, in duplicate, in the 


70 


MINING LAWS OP BRITISH COLUMBIA. 


office of the Mining Recorder, a plat of the said land made 
by an authorized Provincial Land Surveyor, and prove by 
affidavit that he has complied with the above requirements, 
and that the said land is not known to contain minerals, and 
shall furnish such other proof of the non-mineral character 
of the land as the Gold Commissioner may require; the free 
miner shall then be entitled to a lease, for one year, of said 
land, which lease shall be executed by the Gold Commis¬ 
sioner. If, during the continuance of such lease, such free 
miner shall prove to the satisfaction 'of the Gold Commis¬ 
sioner that he has put or constructed works, or machinery for 
mining or milling purposes, on the said mill-site of the value 
of at least five hundred dollars, he shall be entitled to a 
Crown grant of such mill-site upon payment of five dollars 
per acre of such land. Any free miner now having a lease 
of a piece of land for a mill-site, upon proving to the satisfac¬ 
tion of the Gold Commissioner that he has put or constructed 
works, or machinery for mining or milling purposes, on said 
mill-site of the value of at least five hundred dollars, shall, 
on payment of five dollars per acre, be entitled to a Crown 
grant of such mill-site. 

APPLICATION FOR CROWN GRANT OF MILL-SITE 
—56. On applying for a Crown grant of a mill-site, the free 
miner shall— 

(1.) Pay the sum of five dollars per acre to the Mining 
Recorder: 

(2.) Deposit with the Mining Recorder the following 
documents: 

(a.) Lease of the mill-site: 

(b.) Plat of the mill-site: 

(c.) Surveyor’s original field-notes: 

(d.) A certificate from the Gold Commissioner that 
works or machinery for mining or milling purposes have 
been put or constructed on the mill-site to the value of at 
least five hundred dollars: 

(e.) Application for the Crown grant. 

WHAT PASSES—57. Crown grants of mill-sites shall 
pass to the grantee all the surface of the land in the said 
Crown grant mentioned, but all such Crown grants shall ex¬ 
pressly reserve all minerals under the said land, and the right 
to the Crown and its licensees to enter and mine the said 
minerals, and may be in the following form: 


MINING LAWS OP BRITISH COLUMBIA. 


71 


(L. S..) ROYAL ARMS. 

Province of Briii-.h Columbia. No. 

Victoria, by the grace of God, of the United Kingdom of Great 
Britain and Ireland, Queen Defender of the Faith, and so forth. 
To all to whom these presents shall come—Greeting: 

Know ye that we do by these presents, for Us, Our heirs and 

successors, in consideration of the sum of . to Us paid, give 

and grant unto .. h.... heirs and assigns, All that 

parcel or lot of land situate . and numbered . on the 

official plan or survey of the said.in the Province of British 

Columbia. To have and to hold the said parcel or lot of land, and 
all and singular the premises hereby granted, with their appur¬ 
tenances, unto the said . h...„ heirs and assigns for¬ 

ever. 

Provided, nevertheless that it shall at all times be lawful for 
Us, Our heirs and successors, or for any person or persons acting 
in that behalf by Our or their authority, to resume any part of 
the said lands which it may be deemed necessary to resume for 
making roads, canals, bridges, towing-paths, or other works of 
public utility or convenience, so nevertheless that the lands so to 
be resumed shall not exceed one-tw r entieth part of the whole of 
the lands aforesaid, and that no such resumption shall be made 
by any lands on which any buildings may have been erected, or 
which may be in use for the more convenient occupation of any 
such buildings. 

Provided also, that it shall at all times be law r ful for Us, Our 
heirs and successors, or for any person or persons acting under 
Our or their authority, to enter into and upon any part of the said 
lands, and to raise and get thereout any minerals, within the 
meaning of this Act, which may be thereupon or thereunder situ¬ 
ate, and to use and enjoy any and every part of the same land, 
and of the easements and privileges thereto belonging, for the 
purpose of such raising and getting, and every other purpose 
connected therewith, paying in respect of such raising, getting, 
and use, reasonable compensation. 

Provided also, that it shall be lawful for any person duly 
authorized in that behalf by Us, Our heirs and successors, to take 
and occupy such water privileges, and to have and enjoy such 
rights of carrying water over, through or under any parts of the 
hereditaments hereby granted, as may be reasonably required for 
mining or agricultural purposes in the vicinity of the said 
hereditaments, paying therefor a reasonable compensation to the 
aforesaid., h.... heirs and assigns. 

Provided also, that it shall be at all times lawful for any 
person duly authorized in that behalf by Us, Our heirs and suc¬ 
cessors, to take from or upon any part of the hereditaments 
hereby granted, without compensation, any gravel, sand, stone, 
lime, timber, or other material which may be required in the 
construction, maintenance, or repair of any roads, ferries, 
bridges, or other pubdc works. 

In testimony wher of We have caused these Our Letters to be 
made patent, and the Great Seal of our Province of British Co¬ 
lumbia to be hereunto affixed: Witness, His Honour. 

Lieutenant-Governor of Our Province of British Columbia, at 

Our Government House, in Our City of Victoria, this . day 

of. in the year of Our Lord one thousand eight hundred and 

., and in the . year of Our Reign. . 

By Command. 
















72 


MINING LAWS OF BRITISH COLUMBIA. 


Tunnels and Drains. 

LICENSE TO RUN—58. Any free miner, being the 
holder of a mineral claim or mine held as real estate, may, 
at the discretion of the Gold Commissioner, obtain a license 
to run a drain or tunnel, for drainage or any other purpose 
connected with the development or working of such claim 
or mine, through any occupied or unoccupied lands, whether 
mineral or otherwise, upon security being first deposited or 
given to such Gold Commissioner to his satisfaction for any 
damage that may be done thereby, and upon such other 
terms as he shall think expedient. 


Water Rights. 

GRANT OF—59. A free miner who is the holder of a 
mineral claim or mine held as real estate, or of any mill- 
site, may, at the discretion of the Gold Commissioner, obtain 
a grant to a water right in any unappropriated water, for 
any mining or milling purpose, for any term not exceeding 
twenty years, upon such terms and conditions as such Gold 
Commissioner shall think fit. 

WHAT DONE BEFORE APPLYING FOR GRANT—60. 
Before applying for any such grant, the free miner shall— 

(1.) Post a notice in writing on a legal post upon some 
conspicuous part of the ground on which such water is in¬ 
tended to be used and a copy of such notice on the office of 
the Mining Recorder for at least sixty days, which notice 
shall contain the following particulars: 

(a.) The name of each applicant: 

(b.) The number of each applicant’s free miner’s cer¬ 
tificate: 

(c.) The name, or if unnamed, a sufficient description 
of the stream, lake or other source from which such water 
is intended to be taken: 

(d.) The point of diversion, or intended ditch-head: 

(e.) The number of inches of water applied for: 

(f.) The purpose for which it is required: 

(g.) The date of the notice. 

(2.) If more than three hundred inches are applied 
for, a deposit shall be made with the Gold Commissioner of 
twenty-five dollars, to be refunded if the grant is not made. 


MINING LAWS OP BRITISH COLUMBIA. 


73 


RECORD OF—61. The grant of such water right shall 
be recorded in the office of the Mining Recorder within the 
time limited for the recording of mineral claims, which 
time can be extended by the Gold Commissioner in his dis¬ 
cretion. 

EFFECTUAL, WHEN—62. No grant shall take effect 
until recorded. 

PRIORITY OF NOTICE—63. On any dispute prior to 
such grant, priority of notice shall constitute priority of 
right. 

DATE OF GRANT—64. A grant duly recorded shall 
speak from the date of the grant and not from the date of 
the record. 

RIGHTS OF MINERS—65. Every such grant shall be 
subject to the rights of such free miners as shall, at the 
date of such grant, be working on the stream above or be¬ 
low the ditch-head, and of any other persons lawfully using 
such water for any purpose whatsoever; and such grant 
shall be deeemed as appurtenant to the mineral claim,, mine 
held as real estate, or mill-site, in respect of which it has 
been obtained, and whenever the claim or mine shall have 
been worked out or abandoned, or whenever the occasion 
for the use of the water upon the claim, mine or mill-site 
shall have permanently ceased, the grant shall be at an end 
and determined. 

WATER NOT SOLD—66. No person shall be entitled to 
any such grant of water for the purpose of selling such 
water, or of using the same otherwise than for the purpose 
for which the water was recorded. 

COMMENCEMENT OF CONSTRUCTION—67. Within 
six months after the grant is made, the grantee shall com¬ 
mence the construction of the ditch or other works through 
which he intends to convey the water, and shall prosecute 
the same diligently and uninterruptedly to completion, un¬ 
less interrupted by the severity of the weather: Provided, 
always, that the Gold Commissioner may, in his discretion! 
allow such work to cease for any time, upon cause being 
shown. Upon the non-fulfilment of any of the conditions 
of this section the grant shall be forfeited. 

CHANGE OF POINT OF DIVERSION—68. The Gold 
Commissioner shall, in his discretion, have power to allow 


74 


MINING LAWS OF BRITISH COLUMBIA. 


a grantee of any water right to change the place of diver¬ 
sion, on giving such notices and complying with such terms 
as the Gold Commissioner may require. 

WASTE OF WATER—69. Every such grantee shall 
take all reasonable means for utilizing the water granted to 
him; and if he wilfully waste any water, or take a quan¬ 
tity of water in excess of his requirements, the Gold Coin- 
missisoner may declare his grant to he forfeited. 

BRIDGE STREAM, ETC.—70. Any person desiring to 
bridge any stream, claim or other place, for any purpose, or 
to mine under or through any ditch or flume, or to carry 
water through or over any land already occupied, may do 
so with the written sanction of the Gold Commissioner. 
In all such cases the right of the party first in possession, 
whether of the mine or the water right, is to prevail, so as 
to entitle him to compensation if the same be just. 

RULE, WATER MEASUREMENT—71. In measuring 
water in any ditch or sluice, the following rules shall be 
observed: The water taken into a ditch or sluice shall be 
measured at the ditch or sluice head. No water shall be 
taken into a ditch or sluice except in a trough placed hori¬ 
zontally at the place at which the water enters it. One inch 
of water shall mean half the quantity that will pass through 
an orifice two inches high by one inch wide, with a con¬ 
stant head of seven inches above the upper side of the 
orifice. 

NOTICE ON APPROACHING DITCH—72. Whenever 
it shall be intended, in forming or upholding any ditch, to 
enter upon and occupy any part of a registered claim,’ or 
mine held as real estate, or to dig or loosen any earth or 
rock within four feet of any ditch not belonging solely to 
the registered owner of such claim or mine, three days’ 
notice in writing of such intention shall be given before 
entering or approaching within twenty feet of such other 
property. 

RIGHT TO DIVERT DITCH-73. Any person hereto¬ 
fore or hereafter engaged in the construction of any road or 
work may, with the sanction of the Gold Commissioner 
cross, divert, or otherwise interfere with any ditch water 
right, or other mining rights whatsoever, for such’period 
as the said commissioner shall direct. 


MINING LAWS OF BRITISH COLUMBIA. 


75 


OWNER CONSTRUCT WATER WASTE — 74. The 
owner of any ditch, flume, or pipe shall, at his own expense, 
construct, secure and maintain all culverts necessary for 
the passage of waste and superfluous water flowing through 
or over any such ditch, flume, or pipe. 

KEEP DITCH IN REPAIR—75. The owner of any 
ditch, flume, or pipe shall construct and secure the same in 
a proper and substantial manner, and maintain the same in 
good repair to the satisfaction of the Gold Commissioner, 
so that no damage shall occur to any road or work in its 
vicinity from any part of the works of such ditch, flume, or 
pipe. 

LIABLE FOR DAMAGES—76. The owner of any 
ditch, flume, or pipe shall be liable and shall make good, in 
such manner as the Gold Commissioner shall determine, all 
damages which may be occasioned by or through any parts 
of the works of such ditch, flume, or pipe breaking or being 
imperfect. 

WHAT IS NOTICE—77. If any written notice to the 
party intended to be affected thereby be posted for ten days 
on some conspicuous part of any premises referred to in 
such notice, and also in the office of the Mining Recorder, 
such notice shall be deemed good and sufficient. 

RENEWAL WATER RIGHT—78. When the term for 
which any water right has been granted shall have expired, 
the grantee thereof may, at the discretion of the Gold Com¬ 
missioner, obtain a renewal of the same for a reasonable 
term, not to exceed ten years, provided the necessity for the 
use of said water for the purpose for which it was originally 
granted continues to exist. 

COMMISSIONER LAY OUT ROADS—79. Nothing 
herein contained shall be construed to limit the right of the 
Chief Commissioner of Lands and Works to lay out, from 
time to time, the public roads of the Province, across, 
through, along, or under any ditch, water right, or mining 
right, in any Crown land, without compensation, provided 
that as little damage as possible shall be done in so doing. 


76 


MINING LAWS OF BRITISH COLUMBIA. 


PART III.—Mining Partnerships. 

GOVERNMENT OF—SO. All mining partnerships shall 
be governed by the provisions hereof, unless they shall 
have other and written articles of partnership. 

PARTNERSHIP TO BE ANNUAL—81. A mining part¬ 
nership shall, .unless otherwise agreed upon, be deemed to 
be a yearly partnership, renewable from year to year by 
tacit consent. 

SCOPE OF—82. The business of the partnership shall 
be mining and such other matters as pertain solely thereto. 

RECORD OF—83. Mining partnerships can locate and 
record in the partnership name a mineral claim for each 
partner, but the name of every partner, and the number of 
every partner’s free miner’s certificate shall be on the record 
of every such claim. The partnership name must appear on 
every such record, and all the claims so taken up shall be 
the property of the partnership: Provided, always, that no 
free miner who is the member of a mining partnership, 
holding by right of location a mineral claim, shall be en¬ 
titled to hold by right of location in his own name or in the 
name of any other partnership any interest in any other 
mineral claim on the same vein or lode on which the partner¬ 
ship claim is situate. 

PARTNER FAILING TO KEEP UP FREE MINER’S 
CERTIFICATE}—84. Should any partner fail to keep up 
his free miner’s certificate, such failure shall not cause a 
forfeiture, or act as an abandonment of the partnership 
claim, but the share of the partner who shall so fail to keep 
up his free miner’s certificate shall, ipso facto, be and be¬ 
come vested in his partners, pro rata, according to their 
former interests, on the said partners paying the free 
miner’s certificate for the year. 

RIGHT TO VOTE—85. A partner in any mining part¬ 
nership or his agent authorized in writing shall, at any 
meeting thereof, be entitled to vote upon any interest or 
fraction of an interest which he may hold therein; but the 
result of the votes given shall be determined by the number 
of the full interests voted upon, and not by the number of 
partners voting at such meeting. 


MINING LAWS OF BRITISH COLUMBIA. 


77 


MAJORITY, MAKE ASSESSMENTS—86. A majority 
of such votes may decide when, how long, and in what man¬ 
ner to work the partnership claim, the number of men to 
be employed, and the extent and manner of levying the 
assessment to defray the expenses incurred by the partner¬ 
ship: Such majority may also choose a foreman or man¬ 
ager, who shall represent the partnership, and sue and be 
sued in the name of the partnership for assessments and 
otherwise; and he shall have power to bind them by his 
contracts: Every partner, or his duly authorized agent, 
shall be entitled to represent his interest in the partnership 
property by work and labor so long as such work and labor 
be satisfactory to the foreman or manager. In the event of 
such workman being discharged by the foreman or man¬ 
ager, the court having jurisdiction in mining disputes may, 
if requested, summon the foreman or manager before it, and 
upon hearing the facts make such order as it shall deem just. 

ASSESSMENTS—87. All assessments shall be payable 
within thirty days after being made. 

DEFAULT—88. Any partner making default in pay¬ 
ment after receiving a notice specifying the amount due by 
him, shall, if such amount be correct, be personally liable 
therefor to the partnership, and his interest in the partner¬ 
ship property may be sold by the partnership for the pay¬ 
ment of the debt, and any further assessments which may 
have accrued thereon up to the day of sale, together with all 
costs and charges occasioned by such default; and if the 
proceeds of the sale be insufficient to pay off the several 
sums mentioned, the court having jurisdiction in mining 
disputes, upon being applied to, shall issue an order directed 
to the Sheriff to seize and sell any other personal property 
of the debtor. Notices of sale shall, in either of the above 
cases, be conspicuously posted thirty clear days prior to the 
day of sale in the vicinity of such mining or other property, 
and on the Court House or Mining Recorder’s office nearest 
thereto. But if such partner be absent from the district 
such notices shall be posted as aforesaid sixty clear days 
before the day of sale, and a copy of such notice shall be 
published in some newspaper circulating in the district 
wherein such mining or other property is situate. Such sale 
shall be by public auction to the highest bidder. The pur¬ 
chaser shall be entitled to possession of the property sold, 
and to a bill of sale therefor signed by the auctioneer; such 


78 


MINING LAWS' OF BRITISH COLUMBIA. 


bill of sale shall confer such title upon the purchaser as the 
owner had. And for the purpose of carrying out the provi¬ 
sions of this section the Mining Recorder of the mining di¬ 
vision in which the property to be sold is situate, or some 
one appointed by him, may act as auctioneer. 

NOTICE OF ABANDONMENT—89. After a notice of 
abandonment in writing shall have been served on the fore¬ 
man or manager of a partnership by any member thereof, 
and duly recorded, such member shall not be liable for any 
debts or other liabilities of the partnership incurred after 
service and record of such notice, and no member shall be 
deemed to have abandoned an interest until service and 
record of such notice. 

TITLE TO ABANDONED SHARE^90. Upon the 
abandonment of any share in a mining partnership, the 
title to the abandoned share shall vest in the continuing 
partners, pro rata, according to their former interests. 

WHAT PARTNER MAY SELL—91. Any partner shall 
be entitled to sell, or contract for the sale of, his interest in 
the partnership property, but such interest shall continue 
liable for all the debts of the partnership. 

DEBTS AFTER SALE—92. No partner shall, after a 
bill of sale conveying his interest has been recorded, be lia¬ 
ble for any indebtedness of the partnership incurred there¬ 
after. 


Limited Liabilities. 

LIABILITY—93. Any mining partnership composed of 
two or more free miners may limit the liability of its mem¬ 
bers, upon complying with the requirements following, that 
is to say: 

Upon filing with the Mining Recorder a declaratory 
statement containing the name of the partnership, the loca¬ 
tion and size of every partnership claim, and the particular 
interest of each partner; and also placing upon a conspicu¬ 
ous part of every such claim, in large letters, the name cf 
the partnership, followed by the words “Limited Liability.” 

NAME—94. The words “Limited Liability” shall there¬ 
upon become part of the partnership name. 


MINING LAWS OP BRITISH COLUMBIA. 


79 


EFFECT—95. After such conditions shall have been 
complied with, no member of such partnership shall be lia¬ 
ble for any indebtedness incurred thereafter beyond an 
amount proportioned to his interest in the partnership. 

ACCOUNTS—96. Every such partnership shall keep a 
correct account of its assets and liabilities, together with the 
names of the partners, and the interest held by each, and 
shall make out a monthly balance sheet showing the names 
of the creditors, and the amounts due to each, and file the 
same among the papers of the partnership; and such bal¬ 
ance sheet and all the books of the partnership shall be 
open to the inspection of creditors at all reasonable hours. 

PARTNER SELL HIS INTEREST—97. Every partner 
in such partnership shall be at liberty to sell or dispose of 
his interest therein, or of any part thereof, to any free 
miner. 

AFTER SALE, NOT LIABLE FOR DEBTS—98. No 
member of such partnership, after a bill of sale conveying 
his interest has been duly recorded, or after he has served 
a notice of abandonment of his interest on the foreman, and 
left a copy thereof with the Mining Recorder, shall be liable 
for any indebtedness of the partnership incurred thereafter. 

DIVIDENDS—99. No such partnership shall declare 
any dividend until all its liabilities have been paid. 

FOREMAN—100. Every such partnership shall appoint 
a foreman or manager, who shall represent the parentrship, 
who shall sue and be sued in the name of the partnership, 
and his contracts in relation to the business of the partner¬ 
ship shall be deeemed to be the contracts of the partner¬ 
ship. 

PARTNERSHIP LIABILITY—101. No such partner¬ 
ship shall be liable for any other indebtedness than that 
contracted by its foreman or manager, or by its agent duly 
authorized in writing. 

FAILURE TO COMPLY—102. Should any such part¬ 
nership fail to comply with any of the provisions of this 
Act relating exclusively to “limited liabilty” partnerships, 
such partnerships shall, from the date of such failure, cease 
to be a “limited liability” partnership. 


80 


MINING LAWS OF BRITISH COLUMBIA, 


PART IV. 

Mining Recorders—Appointment, Duties, Powers. 

APPOINTMENT—103. The Lieutenant-Governor in 
Council may appoint any person to be a Mining Recorder in 
and for any part of the Province. 

ELECTION—104. Where mineral land is discovered in 
a part of the Province so situate that the provisions of this 
Act as to free miner’s certificates and records of mining 
property cannot be justly applied or enforced by reason of 
there being no Gold Commissioner or Mining Recorder in 
the locality, it shall be lawful for the miners of such local¬ 
ity to hold meetings at such times and places as may be 
agreed upon, and at such meetings, by a two-thirds vote, 
to appoint one of their number to issue free miners’ certifi¬ 
cates and to enter records of mining property; . and such 
certificates and records shall be valid, notwithstanding any 
informality therein: Provided that all records so made, 
and all fees for the same in accordance with the Schedule to 
this Act, and a list of all free miner’s certificates issued, 
and the date and term thereof, and the fees for the same, be 
forwarded to the nearest Gold Commissioner or Mining Re¬ 
corder as soon thereafter as practicable. 

CERTIFICATES—105. Every Mining Recorder shall 
issue free miners’ certificates and “substituted certificates’’ 
to all persons and companies entitled thereto. 

FORMS, COUNTERFOILS, ETC.—106. Such free min¬ 
ers’ certificates shall be taken from a printed book of forms, 
with duplicate counterfoils, one of which counterfoils shall 
be filed in the office of the Mining Recorder. 

BOOKS KEPT BY RECORDER—107. Every Mining 
Recorder shall keep the following books: 

(a.) A book to be known as the “Record Book.” 

(b.) A book to be known as the “Record of Abandon¬ 
ments.” 

(c.) A book to be known as the “Record of Affidavits:” 

(d.) A book to be known as the “Record of Convey¬ 
ances:” 

(e.) A book to be known as the “Record of Free Miners’ 
Certificate*.” 


MINING LAWS OP BRITISH COLUMBIA. 


81 


CERTIFICATE—108. Upon receipt of an affidavit set¬ 
ting forth a detailed statement of work, as required by sec¬ 
tion 24, the Mining Recorder shall issue a certificate of work 
in the Form E in the Schedule to this Act. 

FILING AND RECORD—109. Upon issuing such certi¬ 
ficate of work, the Mining Recorder shall file such affidavit 
in the Record of Affidavits, and also record such certificate 
of work in the Record Book. 

RECORD OF SAMEi—no. Upon receiving a certificate 
of improvements, the Mining Recorder shall record the same 
verbatim in the Record Book. 

RECORDER MUST RECORD—111. The Mining Re¬ 
corder shall record all extensions of time, licenses, permits, 
grants of water rights, and other privileges granted by the 
Gold Commissioner or Miining Recorder, and all forfeitures 
declared by the Gold Commissioner, and a memorandum of 
every judgment affecting a mineral claim or other mining 
property, in the Record Book. 

WHAT TO BE ENTERED IN BOOK—112. Upon 
any Mining Recorder issuing a free miner’s certificate, or 
upon any free miner applying to record any mineral claim, 
bill of sale, or other instrument, the Mining Recorder shall 
enter in the free miner’s certificate book the particulars of 
such free miner’s certificate, giving number of certificate, 
date, place of issue, and to whom issued. 

ABANDONMENTS—113. Upon the receipt of a notice 
of abandonment, the Mining Recorder shall record the same 
in the Record of Abandonments, and file such notice, and 
write across the record of the claim affected by such notice, 
in the Record Book, the word “Abandoned,” and the date of 
the receipt by him of the notice. If only an interest in a 
mineral claim is abandoned, and not the entire claim, the 
memorandum in the record shall show which interest is 
abandoned. 

AFFIDAVITS—114. The Mining Recorder shall record, 
by copying out verbatim all affidavits and declaratory state¬ 
ments required to be recorded in connection with his office, 
in the Record of Affidavits. 

CONVEYANCES—115. The Mining Recorder shall re¬ 
cord, by copying out verbatim, in the Record of Convey¬ 
ances, all conveyances, mortgages, bills of sale, contracts for 


82 


MINING LAWS OF BRITISH COLUMBIA. 


sale, and other documents of title, including powers of at¬ 
torney, or other authorities, to execute all or any of the 
above description of documents when brought to him for 
that purpose. 

DOCUMENTS—116. The Mining Recorder shall record in 
the Record Book all other documents relating to mining 
property which may be brought to him for record, and shall 
file all such documents which may be brought to him to be 
filed. 

DATE—117. Every entry made in any of the above 
books shall show the date on which such entry was made. 

BOOK, INSPECTION OF—118. All books of record and 
documents filed shall, during office hours, be open to pub¬ 
lic inspection free of charge. 

COPY TO BE EVIDENCE—119. Every copy of, or ex¬ 
tract from, any entry in any of the said books, or of any 
document filed in the Mining Recorder’s office, certified to 
be a true copy or extract by the Mining Recorder, shall be re¬ 
ceived in any court as evidence of the matters therein con¬ 
tained. 

APPLICATION FOR CROWN GRANT—120. Upon re¬ 
ceipt from the holder of a certificate of improvements of an 
application for a Crown grant in the proper form, and all 
moneys payable in respect of the claim for which a Crown 
grant is applied, the Gold Commissioner shall send such 
moneys, together with the undermentioned papers, to the 
Chief Commissioner of Lands and Works. 

(1.) The certificate of improvements: 

(2.) Affidavit of the holder of the mineral claim, or his 
agent—'Form G: 

(3.) A copy of the plat of the mineral claim: 

(4.) The copy of the surveyor’s original field notes: 

(5.) Mining Recorder’s certificate—Form I. 

MILL-SITES—121. Upon receipt from the lessee of a 
mill-site of all the moneys and documents mentioned in 
section 56, the Mining Recorder shall send the same to the 
Gold Commissioner. 

RECORDER, FEES —122. Before issuing any free 
miner’s certificate, or substituted certificate, or certificate 
of work, or making any entry in any book of record, or 
filing any document, or making any copy or extract there- 


MINING LAWS OF BRITISH COLUMBIA. 


33 

from, the Mining Recorder shall collect the fees payable in 
respect thereof. 


Mining Divisions. 

MAY DISTRICT—123. It shall be lawful for the Lieu¬ 
tenant-Governor in Council to divide and subdivide any dis¬ 
trict into mining divisions, and to establish in each mining 
division a Mining Recorder’s office. 

ESTABLISHMENT OF RECORDER’S OFFICE—124. 
Upon the establishment of a mining division, and the 
opening of a Mining Recorder’s office therein, under the 
authority of the last preceding section— 

(a.) Such office, and none other, shall be the proper 
office for recording all claims, records, certificates, docu¬ 
ments, or other instruments affecting claims, mines held as 
real estate, or mining property situate within such mining 
division; and whenever, by this Act, or any Act amending 
the same, anything is required to be done at or in the office 
of the Gold Commissioner or Mining Recorder of the dis¬ 
trict, it shall, if the same affects or concerns any claim, 
mine held as real estate, or mining property situate within 
a mining division, be done at or in the office of the Mining 
Recorder of the mining division wherein such claim or 
mine, or other mining property, is situate: 

(b.) Upon the district or division of any Mining Re¬ 
corder being divided or subdivided into mining divisions, it 
shall be the duty of such Mining Recorder to make, or cause 
to be made, a transcript of all the entries in all the books 
mentioned in section 107, affecting claims, mines held as 
real estate, or mining property situate in each newly created 
mining division, and to forward the same to the Mining Re¬ 
corder of such mining division, and such transcript shall 
be kept in such office as part of the records of such office, 
and all transcripts of such records, certificates, documents 
or other instruments shall prima facie be deemed to be true 
copies of the several records, certificates, documents, or 
other instruments of which they purport to be transcripts; 
and such transcripts or copies thereof, when certified by the 
Mining Recorder of the mining division in whose office they 
are kept, shall be admissible in evidence in all courts of 
judicature in this Province. 


84 


MINING LAWS OF BRITISH COLUMBIA 


GOLD COMMISSIONER, AS MINING RECORDER- 
125. When there shall be no Mining Recorder for a district 
or division, the duties of the Mining Recorder shall devolve 
upon the Gold Commissioner, and it shall at all times be 
lawful for the Gold Commissioner to perform the duties of 
the Mining Recorder, and the Gold Commissioner shall have 
all the powers of a Mining Recorder. 

OFFICE HOURS—126. The Mining Recorder’s office 
shall be open upon such days and hours as the Lieutenant- 
Govenor in Council may from time to time appoint, and 
failing any particular appointment, shall be kept open upon 
all days, excepting public holidays, from 9 a. m. to 4 p. m., and 
such times shall be deemed the office hours of such office. 


PART V. 

Gold Commissioners Ministerial Powers.— 
Tunnels and Drains. 

LICENSES FOR TUNNELS—127. It shall be lawEul 
for, but not incumbent upon, the Gold Commissioner to 
grant a license to any free miner, being the lawful holder of 
a mineral claim, or mine held as real estate, to run a drain 
or tunnel, for any purpose connected with the development 
or working of such claim or mine, through any occupied or 
unoccupied lands, whether mineral or otherwise, upon se¬ 
curity being deposited or given to him, to his satisfaction, 
for any damage that may be done thereby, and upon such 
other terms as he shall think fit. 


Water. 

WATER RIGHT—128. It shall be lawful for, but not 
incumbent upon, the Gold Commissioner to grant a water 
right to any free miner who is the lawful holder of a min¬ 
eral claim, mine held as real estate, or mill-site, in any un¬ 
appropriated water, for any mining or milling purpose, for 
any term not exceeding twenty years, and upon such terms 
and conditions a3 the Gold Commissioner shall think fit, 
upon being satisfied that all the conditions of section 61 
have been complied with. And in all cases where he shall 


MINING LAWS OF BRITISH COLUMBIA. 


86 


think fit to extend the time for the recording of the grant of 
such water right. 

RENEWAL OF GRANT—129. On the expiration of the 
grant to any such water right, it shall be lawful for, but not 
incumbent upon, the Gold Commissioner to renew such 
grant for a further period not exceeding ten years, on being 
satisfied that the necessity for the use of the water for the 
purpose for which it was originally granted continues to 
exist. 

FORFEITURE]—130. Upon proof that any grantee has 
not complied with all or any of the conditions upon which 
grants of water rights are held, the Gold Commissioner may 
declare the grant to be forfeited. 

RECORD—131. When such grant shall have been de¬ 
clared forfeited, the Gold Commissioner shall cause such 
forfeiture to be recorded by the Mining Recorder in the Rec¬ 
ord Book. 

WATER—132. The Gold Commissioner may permit 
the grantee of any water right to change the place of diver¬ 
sion, on being satisfied that others are not injured by such 
change. 

AUTHORITY TO MAKE BRIDGE OR DITCH—133. 
The Gold Commissioner may, in all proper cases, grant an 
authority in writing to any person desiring to bridge any 
stream, claim or other place, for any purpose, or to mine 
under or through any ditch or flume, or to carry water 
through or over any land already occupied, and to any per¬ 
son heretofore or hereafter engaged in the construction of 
any road or work, to cross, divert, or otherwise interfere 
with any ditch, water privilege, or other mining rights 
whatsoever, for such period as the said Gold Commissioner 
shall think fit. 

OWNER OF DITCH—134. The Gold Commissioner may 
order the owner of any ditch, flume, or pipe to make good, 
in such manner as such Gold Commissioner shall think fit, 
all damages which may be occasioned by or through any 
parts of the works of such ditch, flume, or pipe breaking or 
being imperfect. 


86 


MINING LAWS OF BRITISH COLUMBIA. 


Working of Mines or Claims, and Other Powers. 

RE-LOCATION OF CLAIM—135. The Gold Commis¬ 
sioner may, in his discretion, permit a free miner to re-lo¬ 
cate a mineral claim, or any part thereof, which may have 
been abandoned or forfeited by such free miner: Provided 
that such re-locations shall not prejudice or interfere with 
the rights or interests of others. 

SPACE FOR DEPOSITS—136. The Gold Commissioner 
may mark out a space of ground for deposits of leavings and 
deads from any tunnel, claim or mining ground, upon such 
terms as he may think just. 

PUBLIC SAFETY—137. The Gold Commissioner shall 
have the power to summarily order any mining works to be 
so carried on as not to interfere with or endanger the safety 
of the public, any public work or highway, or any mining 
property, mineral claims, mining claims, bed-rock drains,, 
or bed-rock flumes; and any abandoned works may by his 
order be either filled up or guarded to his satisfaction, at 
the cost of the parties who may have constructed the same, 
or, in their absence, upon such terms as he shall think fit. 

CROWN GRANTS—138. Notwithstanding anything 
contained in the “Gold Mining Amendment Act, 1873,” or 
in any Crown grant issued under the said Act, or under this 
or any other Act, it shall be lawful for the Gold Commis¬ 
sioner, in his discretion, and with or without any 
terms or conditions, to allow to the owners of mineral 
claims all such rights or privileges in and over mineral 
claims, or other claims held as real estate, as may be al¬ 
lowed in and over claims not so held; and owners of 
claims held as real estate shall be entitled to the same rights 
and privileges as owners of claims not so held. 

LEASE OF MILL-SITE—139. Upon receiving an appli¬ 
cation for a mill-site from any free miner, and upon proof 
being furnished to his satisfaction of the non-mineral char¬ 
acter of the land applied for, and the deposit in duplicate 
of a plat of said land, and upon proof by affidavit that the 
applicants has complied with the requirements of section 54 
of this Act, the Gold Commissioner shall issue to the appli¬ 
cant a lease of such land for one year, in the form in the 
Schedule to this Act. 


MINING LAWS OF BRITISH COLUMBIA. 


87 


CERTIFICATE OF WORK, MILL-SITE—140. Upon 
being satisfied that the lessee of a mill-site has put or con¬ 
structed thereon works or machinery for mining or milling 
purposes to an amount of not less than five hundred dollars, 
the Gold Commissioner shall issue his certificate to that 
effect. 

RECORDER—141. Upon receipt from the Mining Re¬ 
corder of the monej's and documents mentioned or referred 
to in section 121, the Gold Commissioner shall satisfy him¬ 
self that the same are in order, and then forward the same 
to the Chief Commissioner of Lands and Works. 

GOLD COMMISSIONER, POWER—142. The Gold Com¬ 
missioner shall have power to do all things necessary or 
expedient for the carrying out of the provisions of this Act. 

Administration. 

ESTATE OF INTESTATE DECEASED MINER—143. 
The Gold Commissioner, or any person authorized by him, 
shall take charge of all the property, within the district of 
such commissioner, of any deceased free miner until the 
issue of letters of administration or probate of the wilt, if 
any, and may cause any mineral claims held or owned to 
be duly represented or dispense therewith at his option: 
Provided, however, that where any free miner shall die 
intestate, and the value of the personal estate of such de¬ 
ceased free miner is less that three hundred dollars, it shall 
not be necessary for the Gold Commissioner to obtain from 
any court letters of administration, but in such case the 
Gold Commissioner may administer and wind up the per¬ 
sonal estate of the deceased, and do all things necessary 
and proper therefor, and act in all respects as if letters of 
administration to the personal estate of such deceased free 
miner had been granted to such Gold Commissioner, and 
the Gold Commissioner shall produce and pass his accounts, 
in each estate of which he shall undertake the administra¬ 
tion, before a judge of the County Court of the district. 


PART VI.—County Courts. 

JURISDICTION, PROCEDURE, FORMS, AND COSTS— 
144. In addition to the jurisdiction and powers given to 
County Courts by the “County Courts Jurisdiction Act,” and 


88 MINING LAWS OF BRITISH COLUMBIA. 

other Acts, every County Court shall have and exercise, 
within the limits of its district, all the jurisdiction and 
powers of a Court of Law and Equity— 

(1.) In all personal actions, where the debt or damages 
claimed arise directly out of the business of mining (other 
than coal mining), or from the exercise or interference with 
any right, power, or privilege given, or claimed to be given, 
by this Act or any other Act relating to mining (other than 
coal mining): 

(2.) In all actions between employers and employees, 
where the employment is directly connected with the busi¬ 
ness of mining (other than coal mining:) 

(3.) In all actions for supplies to persons engaged in 
mining, where such supplies were bought, contracted for, 
or supplied, or were alleged to have been bought, contracted 
for, or supplied for mining purposes, or for consumption by 
persons engaged in mining or prospecting: 

(4.) In all actions of trespass on or in respect of min¬ 
eral claims, % or other mining property, or upon or in respect 
of lands entered or trespassed on, or claimed to have been 
entered or trespassed on, in searching for, mining, or work¬ 
ing minerals, (other than coal), or for any other purpose 
directly connected with the business of mining (other than 
coal mining), or in the exercise of any power or privilege 
given, or claimed to be, by this Act, or any other Act relating 
to mining (other than coal mining): 

(5.) In all actions of ejectment from mineral claims or 
other mining property, or from lands entered, or claimed to 
have been entered, in searching for, mining, or working 
minerals (other than coal), or for any purpose directly con¬ 
nected with the business of mining, or entered, or claimed 
to have been entered, under some power, right or authority 
given or obtained under the provisions of this Act, or any 
other Act relating to mining (other than coal mining): 

(6.) In all suits for foreclosure or redemption, or for en¬ 
forcing any charge or lien, where the mortgage, charge or 
lien shall be on mineral claims, mines, or other mining 
property: 

(7.) In all suits for specific performance of or for re¬ 
forming, or delivering up, or cancelling any agreement for 
sale, purchase, or lease of any mineral claim, mine, or other 
mining property: 

(8.) In all suits for the dissolution or winding up of 


MINING LAWS OF BRITISH COLUMBIA. 


89 


any mining partnership, whether registered or not, under 
the provisions of this Act: 

(9.) In all suits relative to water rights claimed under 
this Act, or any other Act relating to mining (other than 
coal mining): 

(10.) In all proceedings for orders in the nature of in¬ 
junctions, where the same are requisite for the granting of 
relief in any matter in which jurisdiction is given to the 
County Court by this Act: 

(11.) Provided, always, that at any time during the prog¬ 
ress of any action, suit or matter relating to or concerning 
any of the classes of objects in this section before referred 
to and enumerated, any of the parties to such action, suit 
or matter may apply by summons to any judge of the Su¬ 
preme Court at Chambers for an order directing the transfer 
of such action, suit or matter into the Supreme Court, and 
upon such summons any judge of the Supreme Court may, 
if satisfied that it is expedient such action, suit or matter 
should be so transferred, make an order directing the trans¬ 
fer of such action, suit or matter into the Supreme Court, 
and may in and by such order give all necessary directions 
for effectually procuring and completing such transfer, and 
may make such order as to costs, as well of the proceedings 
theretofore had and taken in the County Court as of such 
summons, as he may think fit, and from and after the mak¬ 
ing of any such order for transfer into the Supreme Court 
all proceedings in respect of such action, suit or matter, 
shall be had and determined in the Supreme Court, and Ae 
jurisdiction of the County Court in respect thereof shall 
absolutely cease and determine. The Supreme Court, or a 
judge thereof, shall have discretion to order that any case 
so transferred shall be heard, tried or disposed of without 
pleadings. 

COUNTY COURT JURISDICTION—145. The jurisdic¬ 
tion given to County Courts by this Act shall be known as the 
“mining jurisdiction” of the County Court, and the words 
“mining jurisdiction” shall be written or printed on all sum¬ 
monses, writs and other process, and all other documents in 
every action or cause brought under the mining jurisdiction 
of the County Court. 

COUNTY COURTS AND OFFICERS—146. County 
Courts and County Court Judges, Registrars, Sheriffs, and 
other officers, shall have the same duties, powers, privileges. 


MINING LAWS OF BRITISH COLUMBIA. 


90 

and authorities in all actions and suits, and other proceedings 
brought under the mining jurisdiction of the County Court, 
as they now have, or at any time hereafter may have, in ac¬ 
tions and suits and other proceedings brought under the ord¬ 
inary jurisdiction of the County Court, and the provisions of 
all Acts for the time being in force regulating the duties and 
powers of County Courts, and County Court Judges, Regis¬ 
trars, Sheriffs, and other officers, and regulating the practice 
and procedure in County Courts, and all Rules and Orders for 
the time being applicable to the ordinary jurisdiction of the 
County Court, shall, so far as practicable and not inconsist¬ 
ent with this Act, apply to the mining jurisdiction of the 
County Court. 

ADJOINING DISTRICTS—147. Where disputes arise 
concerning mining property, portions whereof are situated 
in adjoining or different districts, the County Court of either 
of such districts before which the dispute is first brought 
shall determine it. 

SUMMONS, RETURN OF—148. The hearing of 
any summons, plaint or other process in any County Court 
shall not be deferred beyond the shortest reasonable time 
necessary in the interests of all parties concerned, and it 
shall be lawful for the Registrar to make summonses or 
other proceedings returnable forthwith, or at any other time. 

WHERE COURT MAY DECIDE—149. In all mining ac¬ 
tions or suits the Court may decide the question at issue up¬ 
on the ground in dispute, and such decision shall be entered 
as in ordinary cases, and have the same virtue and effect as 
if rendered in court. 

JURY—150. In any mining cause or suit, either party 
may require that the issues of fact shall be tried by a jury, 
and the Judge may, before delivering judgment in any action 
suit, or other proceeding, direct all or any issues of fact to be 
found by a jury. 

COSTS 151. In all actions, suits, and other proceedings 
within the mining jurisdiction of the County Court, the 
Judge may order that costs be taxed on the higher or lower 
scale allowed by the County Court Rules; or if he shall con¬ 
sider the case of sufficient importance, he may order that 
costs be taxed as in the Supreme Court, and the costs so 
ordered shall be the costs recoverable in such action, suit 
or other proceeding. 


MINING LAWS OF BRITISH COLUMBIA. 


91 


COUNTY COURT, JURISDICTION OF—152. Every 
County Court having jurisdiction in mining disputes shall, 
with reference to real estate held under the “Gold Mining 
Amendment Act, 1873,” or under this Act, and notwith¬ 
standing any law to the contrary, have the same powers and 
authorities to decide all matters or disputes arising between 
the owners thereof, or between the owners thereof or any 
third person, or between mining joint stock companies, or 
between shareholders therein, or between them and the com¬ 
pany, in the same way and as fully as it might do con¬ 
cerning claims not being real estate, and actions, suits and 
other proceedings relating to such matters or disputes shall 
be brought and had in the same manner as actions, suits, or 
proceedings relating to mining claims not being real estate. 

MAY ISSUE, WRITS—153. Any County Court Judge 
having jurisdiction in mining causes, may direct the issuing 
of writs of capias ad respondendum, ne exeat regno, and ca¬ 
pias ad satisfaciendum in all cases in which by law he has 
jurisdiction over the subject-matter of the suit, but under 
and subject to such conditions as a Judge of the Supreme 
Court might usually require in applications of a similar na¬ 
ture. 


PART VII.— Penal and Miscellaneous. 

154. Any person wilfully acting in contravention of this 
Act, or refusing to obey any lawful order of the Gold Com¬ 
missioner or of any Judge presiding in a Court, shall, on 
conviction thereof in a summary way before any two Justices 
of the Peace or a Stipendiary Magistrate, or before any Judge 
of a Court having jurisdiction in mining disputes, be liable 
to a fine not exceeding two hundred and fifty dollars, or to 
imprisonment, with or without hard labor, for any term not 
exceeding three months. 

155. All fines and penalties imposed or payable under 
this Act may be recovered by distress and sale of any mining 
or other personal property of the offender; and in default of 
sufficient distress by imprisonment, with or without hard 
labor, not exceeding three months. 

156. All fines, fees and penalties collected under this 
Act shall be paid into the Consolidated Revenue Fund of 
British Columbia. 


92 MINING LAWS OF BRITISH COLUMBIA. 

157. Nothing herein contained shall, save where such 
intention is expressly stated, be so construed as to affect 
prejudicially any mining rights and interests acquired prior 
to the passing of this Act; and all mining rights and privi¬ 
leges heretofore and hereunder acquired shall, without the 
same being expressly stated, be deemed to be taken and held 
subject to the rights of Her Majesty, Her heirs and success¬ 
ors, and to the public rights of way and water. 

158. Every free miner, on application, to the Mining 
Recorder of the district, shall be entitled to a printed copy of 
this Act on payment of the sum of twenty-five cents. 

BEFORE WHOM AFFIDAVITS MADE—159. Affidavits 
and declarations made under the provisions of this Act shall 
be made before some Judge or Registrar of a Court of Record, 
or before some Gold Commissioner, Mining Recorder, Sti¬ 
pendiary Magistrate, Justice of the Peace, Notary Public, or 
Commissioner for taking affidavits. 

RIGHT TO EXAMINE CLAIM—160. The Minister of 
Mines and the Provincial Inspector of Mineralogist shall have 
the right to enter into or upon and examine any mineral 
claim or mine within the meaning of this Act. 


Rules and Regulations. 

LIEUT.-GOVERNOR MAKE RULES—161. The Lieu¬ 
tenant-Governor in Council may make such orders as are 
deemed necessary from time to time to carry out the pro¬ 
visions of this Act according to their true intent, or to meet 
the cases which may arise and for which no provision is 
made in this Act, or when the provision which is made is 
ambiguous or doubtful; and may also make regulations for 
relieving against forfeitures arising under section 9 of this 
Act; and may further make and declare any regulations 
which are considered necessary to give the provisions in this 
clause contained full effect; and from time to time alter or 
revoke any order op orders or any regulations made in re¬ 
spect of the said provisions, and make others in their stead, 
and further impose penalties not exceeding two hundred dol¬ 
lars, or not exceeding three months’ imprisonment, for viola¬ 
tion of any regulations under this Act; and further provide 
that any statement or returns required to be made by said 
regulations shall be verified on oath. Every order or regula- 


MINING LAWS OF BRITISH COLUMBIA. 


93 


tion made by virtue of the provisions»of this section shall 
have force and effect only after the same has been published 
for two successive weeks in the British Columbia Gazette; 
rand such orders or regulations shall be laid before the Legis¬ 
lative Assembly within the first fifteen days of the Session 
fnext after the date thereof. 

^Taxation of Mines and Moneys Invested Therein. 

162. Notwithstanding anything contained in this Act, 
mines and moneys invested therein shall not be exempt from 
taxation, but shall bear such rate as may be imposed by any 
law in the Province. 

ANNUAL TAX—163. There shall be levied and collect¬ 
ed from the owner or occupier of every mineral or placer 
claim of which a Crown grant has issued, including Crown 
grants issued under authority of an Act made and passed in 
the 36th year of Her Majesty’s reign, entitled “An Act to 
amend the ‘Gold Mining Ordinance, 1867,’ and the ‘Gold Min¬ 
ing Amendment Act, 1872,’ ” an annual tax of twenty-five 
cents for every acre and fractional part of an acre of land 
conveyed by the grant, payable on the thirtieth day of June 
in each year. Such tax shall form a charge upon the claim. 
The Assessor appointed under or by virtue of any existing 
Assessment Act, or any Collector appointed under the “Pro¬ 
vincial Revenue Tax Act,” is hereby authorized, as to the 
mineral or placer claims situate within the district for which 
he is appointed, to collect and receive the tax. In the event 
of the tax not being paid to the Assessor or Collector, the 
Gold Commissioner may in his discretion cause the claim 
upon which the tax is charged to be offered for sale by pub¬ 
lic auction, of which sixty days’ notice shall be posted upon 
the principal Court House of the district in which the claim 
is situate, and in one newspaper, if any, published in such 
district, and may sell such claim, receive the purchase money, 
and execute a conveyance thereof to the purchaser. The pur¬ 
chase money shall be applied in payment of the expenses of 
advertising and the payment of the tax, and any surplus 
shall be paid into the Treasury in trust for the owner of the 
claim. In the event of there being no purchaser, or if the 
price offered shall not be sufficient to pay the tax and ex¬ 
penses of advertising the land shall absolutely revert to the 
Province, and the Crown grant thereof shall be deemed void. 



94 MINING LAWS OF BRITISH COLUMBIA. 

The Assessor or Collector may, before offering the claim for 
sale, sue the owner or occupier for the tax, in a summary 
manner, before any Justice of the Peace, who may adjudge 
the same to be paid; and in default of payment the amount 
due, together with costs, may be recovered by distress of the 
goods and chattels of the person against whom the tax may 
be recovered: Provided, that if the owner of any such min¬ 
eral or placer claim shall establish, to the satisfaction of the 
Gold Commissioner, Mining Recorder, or Assessor and Col¬ 
lector of the district in which the claim lies, that the sum of 
two hundred dollars has been expended thereon in labor or 
improvements in any one year, then the tax shall not be 
levied in respect of such claim for such year. 

CHANGE OF NAME—164. Where a claim has been re¬ 
corded under any name, and the owner or his agent is desirous 
of changing the same, the Recorder of said mining division 
may, upon application being made by such owner or agent, 
and upon payment of a fee of twenty-five dollars, amend the 
record accordingly: Provided, however, that such change of 
name shall not in any way affect or prejudice any proceed¬ 
ings or execution against the owner of the said claim. 

LOCATION DESTROYED—165. Whenever through the 
acts or defaults of any person other than the recorded owner 
of a mineral claim or his agent by him duly authorized, the 
evidence of the location or record on the ground, or the 
situation of a mineral claim, has been destroyed, lost, or 
effaced, or is difficult of ascertainment, nevertheless, effect 
shall be given to same as far as possible, and the Court shall 
have power to make all necessary inquiries, directions and 
references in the premises, for the purpose of carrying out 
the object hereof, and vesting title in the first bona fide ac¬ 
quirer of the claim. 


PART VIII.— Repealing Clause. 

166. The Acts and parts of Acts mentioned in this sec¬ 
tion shall stand repealed and be repealed; but such repeal 
shall not be deemed to imply that any of the said Acts or 
parts of Acts which have been repealed at any time prior 
to the passing of this Act have been in force since such re¬ 
peal: Provided further, that such repeal shall not affect any 


MINING LAWS OF BRITISH COLUMBIA. 


9o 


rights acquired, or any liabilities or penalties incurred, or any 
act or thing done, under any of the said Acts or parts of Acts: 

The “Mineral Act, 1891,” the “Mineral Act (1891) Amend¬ 
ment Act, 1892,” the “Mineral Act (1891) Amendment Act, 
1893,” the ‘‘Mineral Act Amendment Act, 1894,” and the 
“Mineral Act Amendment Act, 1895,” are hereby repealed. 

167. Nothing herein contained or enacted shall affect 
any litigation pending at the time of the passage of this Act. 

168. The jurisdiction conferred upon a Gold Commis¬ 
sioner by section 6 of the “Mineral Act” shall not be exer¬ 
cised until after the end of the next Session of the Legislative 
Assembly. 


PLACER MINING ACT, 1891. 


AN ACT RELATING TO PLACER MINES (AS 
AMENDED IN 1894 , 1895 AND 1896 ). 

[For originals see 1891, c. 26; 1894, c. 33; 1895, c. 40; 1896, c. 35.] 


Her Majesty, by and with the advice and consent of the 
Legislative Assembly of the Province of British Columbia, 
enacts as follows: 

SHORT TITLE—1. This Act may be cited as the “Placer 
Mining Act, 1891.” 

INTERPRETATION—2. (1896, c. 35, s. 2.) In the con¬ 

struction of this Act the following expressions shall have the 
following meanings respectively, unless inconsistent with 
the context. 

“Mine,” “placer mine” and diggings” shall be synony¬ 
mous terms, and shall mean any natural stratum or bed of 
earth, gravel or cement mined for gold or other precious 
minerals or stones: 

“Placer claim” shall mean the personal right of prop¬ 
erty or interest in any placer mine; and in the term “mining 
property” shall be included every placer claim, ditch, or 





% 


MINING LAWS OF BRITISH COLUMBIA. 


water right used for placer mining purposes, and all other 
things belonging thereto or used in the working thereof. 
Placer claims shall be divided into creek diggings, bar dig¬ 
gings, dry diggings, bench diggings, and hill diggings. 

“Creek diggings” shall mean any mine in the bed of any 
river, stream, or ravine, excepting bar diggings. 

“Bar diggings” shall mean any mine over which a river 
extends when in its flood state. 

“Dry diggings” shall mean any mine over which a river 
never extends. 

“Bench diggings” shall mean any mine on a bench, and 
shall, for the purpose of defining the size of a claim in bench 
diggings, be excepted from “dry diggings.” 

“Hill diggings” shall mean any mine on the surface of a 
hill, and fronting on any natural stream or ravine. 

“Precious stone diggings” shall mean deposit of precious 
stones, whether in veins, beds, or gravel deposits. 

Streams and ravines” shall include all natural water¬ 
courses whether usually containing water or not, and all 
rivers, creeks and gulches. 

“Ditch” shall include a flume, pipe, race, or other arti¬ 
ficial means for conducting water by its own weight, to be 
used for mining purposes. 

“Ditch head” shall mean the point in a natural water¬ 
course or lake where water is first taken into a ditch. 

“Free Miner” shall mean a person, or joint stock com¬ 
pany, or foreign company named in, and lawfully possessed 
of, a valid existing free miner’s certificate, and no other. 

“Legal post” shall mean a stake standing not less than 
four feet above the ground, and squared or faced on four 
sides for at least one foot from the top, and each) side so 
squared or faced shall measure at least four inches on its 
face so far as squared or faced, or any stump or tree cut off 
and squared or faced to the above height and size. 

“Record,” “register,” and “registration” shall have the 
same meaning, and shall mean an entry in some official book 
kept for that purpose. 

“Record,” when used without qualifying words showing 
that a different matter is referred to, shall be taken to refer 
to the record of the location of a placer claim. 

“Full interest” shall mean any placer claim of the full 
size, or one of several shares into which a mine may be 
equally divided. 


MINING LAWS OF BRITISH COLUMBIA. 97 

“Close season” shall mean the period of the year during 
which placer claims in any district are laid over by the Gold 
Commissioner of that district. 

“Cause” shall include any suit or action. 

“Judgment” shall include “order” or “decree.” 

“Real estate” shall mean any placer mineral land held 
in fee simple. 

“Joint Stock Company” shall mean any company duly in¬ 
corporated for mining purposes under the “Companies Act,” 
“Companies Act, 1890,” and any company duly incorporated 
in British Columbia for mining purposes under the “Com¬ 
panies Act, 1862” (Imperial), and shall include all companies 
falling under the definition of a foreign company in the 
“Companies Act.” 


PART I.— Free Miners and Their Privileges. 

(Sections 3, 4, 5, 6 and 7 are the same as sections 3, 4, 5, 
6 and 7, Part I.) 

MINING WITHOUT CERTIFICATE—8. Every per¬ 
son and joint stock company engaged in placer mining shall 
take out a free miner’s certificate, and any person or joint 
stock company who mines or works as a miner in any placer 
claim, or on any bed-rock flume, drain, or ditch, without 
having taken out and obtained such certificate, shall, on 
conviction thereof in a summary way, forfeit and pay a pen¬ 
alty not exceeding twenty-five dollars, besides costs: Pro¬ 
vided, always, that nothing herein contained shall prejudice 
the right to collect wages or payment for work done by any 
person or company, who, through not being a free miner, 
has rendered himself or itself liable to the above penalty. 

UNCERTIFICATED PERSON NOT ENTITLED TO 
INTEREST, ETC.—9. (1895 c. 40, s. 2.) No person or joint 

stock company shall be recognized as having any right or 
interest in or to any placer claim, mining lease, bed-rock 
flume grant, or any minerals in any ground comprised there¬ 
in, or in or to any water right, mining ditch, drain, tunnel, 
or flume, unless he or it shall have a free miner’s certificate 
unexpired. And on the expiration of a free miner’s certifi¬ 
cate the owner thereof shall absolutely forfeit all his rights 
and interest in or to any placer claim, mining lease, bed¬ 
rock flume grant, and any minerals in any ground com- 


MU 


98 MINING LAWS OF BRITISH COLUMBIA. 

prised therein, and in or to any and every water right, min¬ 
ing ditch, drain, tunnel, or flume, which may be held or 
claimed by such owner of such expired free miner’s certifi¬ 
cate, unless such owner shall, on or before the day following 
the expiration of such certificate, obtain a new free miner’s 
certificate: Provided, nevertheless, should any co-owner 

fail to keep up his free miner’s certificate, such failure shall 
not cause a forfeiture or act as an abandonment of the 
claim; but the interest of the co-owner who shall fail to keep 
up his free miner’s certificate shall ipso facto, be and be¬ 
come invested in his co-owners pro rata, according to their 
former interests: Provided, nevertheless, that a share¬ 
holder in a joint stock company need not be a free miner, 
and, though not a free miner, shall be entitled to buy, sell, 
hold, or dispose of any shares therein: And provided, also, 
that this section shall not apply to placer mines for which 
a Crown grant has been issued. 

(Sections 9a and 9b are same as sections 10 and 11, Part 
I, except read “placer” instead of “mineral.” 

RIGHT OP CERTIFICATE-HOLDER—10. Every free 
miner shall, during the continuance of his certificate but no 
longer, have the right to enter, locate, prospect, and mine 
for gold and other precious metals upon any lands in the 
Province of British Columia, whether vested in the Crown 
or otherwise, except upon Government reservations for 
townsites, land occupied by any building, and any land fall¬ 
ing within the curtilage of any dwelling house, and any or¬ 
chard, and any land lawfully occupied for placer mining pur¬ 
poses, and also Indian reservations. 

FREE MINER TO GIVE SECURITY—11. Previous 
to any entry being made upon lands already lawfully occu¬ 
pied, such free miner shall give adequate security, to the 
satisfaction of the Gold Commissioner, for any loss or dam¬ 
age which may be caused by such entry; and after such 
entry he shall make full compensation to the occupant or 
owner of such lands for any loss or damage which may be 
caused by reason of such entry; such compensation, in case 
of dispute, to be determined by a Court having jurisdiction 
in mining disputes, with or without a jury. 

12. (Repealed by 1896, c, 35, s. 3.) 

GAME—13. Any free miner shall be at liberty, at any 


MINING LAWS OF BRITISH COLUMBIA. 


99 


period of the year, while actually prospecting or engaged in 
mining, to kill game for his own use. 

“MINERAL ACT, 1891.”—14. A free miner shall have 
all the rights and privileges granted to free miners by the 
“Mineral Act, 1891.” 


PART II.—Size and Nature of Placer Claims. 


Locating, Recording, Re-Recording, Working and Lay-Overs. 

WHAT FREE MINER MAY RECORD AND PUR¬ 
CHASE—15. Every free miner shall be entitled to locate 
and record a placer claim on each separate creek, ravine, or 
hill, but not more than two claims in the same locality, only 
one of which shall be a creek claim. He shall be allowed to 
hold any number of placer claims by purchase, and every 
free miner may sell, mortgage, or dispose of his claim or 
any interest therein. 

SIZE OF PLACER CLAIMS—16. The size of placer 
claims shall be as follows: 

A “creek claim” shall be 100 feet long, measured in the 
direction of the general course of the stream, and shall ex¬ 
tend in width from base to base of the hill or bench on each 
side, but when the hills or benches are less than 100 feet 
apart the claim shall be 100 feet square. 

In “bar diggings” a claim shall be a strip of land 100 
feet long at high water mark, and in width extending from 
high water mark into the river to its lowest water level. 

In “dry diggings” a claim shall be 100 feet square. 

In “bench diggings” a claim shall be 100 feet square: 
Provided that the Gold Commissioner shall have authority, 
where a bench is narrow, to extend the limits of the claim 
beyond the limits of the bench, but not to exceed 100 feet 
square. 

In “hill diggings” .a claim shall have a base line or 
frontage of 100 feet, drawn parallel to the main direction of 
the stream or ravine on which it fronts. Parallel lines 
drawn from each end of the base line, at right angles there¬ 
to, and running to the summit of the hill shall constitute 
the side lines thereof. Legal posts shall be placed, 100 feet 
apart, on both the base line and side lines, and no claim 
shall extend beyond the posts so placed. 

L. ef C. 


100 MINING LAWS OP BRITISH COLUMBIA. 

SIZE OF, ON DISCOVERY OF NEW MINE—17. If 
any free miner, or party of free miners, discover a new mine, 
and such discovery be established to the satisfaction of the 
Gold Commissioner, placer claims of the following 1 sizes, in 
dry, bar, bench, creek, or hill diggings shall be allowed, viz: 

To one discoverer, one claim. 300 feet in length. 

To a party of two discoverers, two 

claims, amounting together to. 600 

To a party of three discoverers, three 

claims, amounting together to. 800 

To a party of four discoverers, four 

claims, amounting together to.1,000 

And to each member of a party beyond four in nnmber, 
a claim of the ordinary size only. 

A creek discovery claim shall extend on each side of the 
center of the creek as far as the summit of the hill, but not 
exceeding 1,000 feet. 

NEW STRATUM WHERE ABANDONED—18. A new 
stratum of auriferous earth, gravel, or cement, situated in a 
locality where all placer claims are abandoned, shall be 
deemed a new mine, although mines in the same locality 
shall have been previously worked; and dry diggings dis¬ 
covered in the vicinity of bar diggings shall be deemed a 
new mine, and vice versa. A discoverer’s claim shall be 
considered as one ordinary claim, in respect to recording, 
working, and representing. 

MEASUREMENT—19. In defining the size of placer 
claims they shall be measured horizontally, irrespective of 
inequalities on the surface of the ground. 

SHAPE, AND HOW MARKED—20. Every placer 
claim shall be as nearly as possible rectangular in form, 
and marked by four legal posts at the corners thereof, firmly 
fixed in the ground. One of such posts shall be marked as 
the “initial post,” and on that post shall be placed a legible 
notice in writing, stating the name of the claim, its length 
in feet and general direction, with the date of the notice and 
name of each locator. If any side line of any claim shall 
exceed 100 feet in length, legal posts shall be placed along 
such side line, at distances not exceeding 100 feet. 

LOCATION ON SUNDAY—21. Any location made upon 
Sunday or any public holiday shall not for that reason be 
invalid, any law or statute to the contrary notwithstanding. 






MINING LAWS OF BRITISH COLUMBIA. 


101 


DISPUTES AS TO TITLE—22. In case of any dispute 
as to the title to a placer claim, the title to the claim shall 
be recognized according to the priority of such location, 
subject to any question as to the validity of the record 
itself, and subject further to the free miner having complied 
with all the terms and conditions of this Act. 

RECORD—23. Every free miner locating a placer claim 
shall record the same with the Mining Recorder of the dis¬ 
trict or division within which the same is situate, within 
three days after the location thereof, if located within ten 
miles of the office of the said Mining Recorder. One addi¬ 
tional day shall be allowed for making such record for every 
additional ten miles or fraction thereof. Such record shall 
be made in a book to be kept for the purpose in the office of 
the said Mining Recorder, to be known as the “Record Book,” 
in which shall be inserted the name of the claim, the name of 
each locator, the number of each locator’s free miner’s certi¬ 
ficate, the locality of the claim, its length in feet, the period 
for which such record is granted, the date of location, and 
date of the record: Provided that a free miner shall not be 
entitled to a record of a claim until he shall have furnished 
the Mining Recorder with a written statement of the above 
particulars. 

REMOVAL OF POSTS—24. After the recording of a 
placer claim, the removal of any post by the holder thereof, 
or by any person acting in his behalf, made for the purpose 
of changing the limits of his claim, shall act as a forfeiture 
of the claim. 

PLACE OF RECORD—25. Upon the establishment of 
a mining division and the opening of a Mining Recorder’s 
office therein, under the authority of this Act, such office and 
none other shall be the proper office for recording all placer 
claims within such mining division, and making all records 
in respect thereof. 

WRONG DISTRICT—26. (1896, c. 35, s. 4.) If through 
ignorance any free miner shall record a placer claim in a 
different mining division to that in which such claim is situ¬ 
ate, such error shall not affect his title to such claim, but he 
shall, within fifteen days from the discovery of his error, 
record such claim in the mining division in which it is situ¬ 
ate, and such new record shall bear the date of the first 


102 MINING LAWS OF BRITISH COLUMBIA. 

record, and a note shall be made thereon of the error and 
of the date of the rectification of the same. 

DURATION—27. A free miner having duly located a 
placer claim, shall be entitled to record the same for one or 
more years, upon payment of the fees set out in the Sched¬ 
ule to this Act. 

RE-RECORD—28. A free miner shall, at any time dur¬ 
ing the existence of his record or re-record, be entitled to ex¬ 
tend the term of his interest in his placer claim for one or 
more years, upon payment of the fees set out in the Schedule 
to this Act, by re-recording such claim. Such re-record shall 
be ma.de in the Record Book, and shall set out— 

(1.) The name of the claim: 

(2.) The name of each holder of an interest in such 
claim: 

(3.) The number of each such holder’s free miner’s cer¬ 
tificate: 

(4.) The locality of the claim: 

(5.) The period for which such re-record is granted: 

(6.) The date of the re-record. 

APPLICATION TO RECORD IN RECORDER’S AB¬ 
SENCE—29. If a free miner shall apply for a record, and 
shall make such application at the Mining Recorder’s office 
during office hours, but during his absence, and shall leave 
the fee required by this Act, and the particulars and infor¬ 
mation required by section 23, with the officer or other per¬ 
son in charge of the said office, he shall be entitled to have a 
record dated on the date of such application. 

APPLICATION TO RE-RECORD—30. If a free miner 
shall apply for a re-record, and shall make such application 
at the Mining Recorder’s office during office hours, but dur¬ 
ing his absence, and shall leave the fee required by this Act, 
and the particulars and information required by section 28 
with the officer or other person in charge of the said office, 
he shall be entitled to have a re-record dated on the date of 
such application, but commencing to run from the expiration 
of his existing record or re-record. 

CONDITION ON WHICH MINER MAY HOLD—31. A 
free miner, having duly located and recorded a placer claim, 
shall be entitled to hold the same during the existence of 
his record or re-record of such claim upon complying with 
all the terms and conditions of this Act. 


MINING LAWS OF BRITISH COLUMBIA. 


103 


RIGHT OF MINER—32. Every free miner shall have 
the exclusive right of entry upon his placer claim, for the 
miner-like working thereof, and the construction of a resi¬ 
dence thereon, and shall be entitled exclusively to all the 
proceeds realized therefrom: Provided that the Gold Com¬ 
missioner may, upon application made to him, allow other 
free miners such rights of entry thereon as may be neces¬ 
sary for the working of their claims, upon such terms as 
may to him seem reasonable. 

IRREGULARITY PRIOR TO RECORD—33. Upon any 
dispute as to the title to a placer claim, no irregularity made 
prior to the date of the then current record or re-record of 
such claim shall affect the title thereto, and it shall be as¬ 
sumed that up to the date of such record or re-record the 
title to such claim was perfect: Provided, always, that it 
shall at all times be open to prove that the ground was im¬ 
properly or insufficiently staked, or that the stakes have 
been illegally moved. 

WORKS IN CONNECTION WITH CLAIM—34. Tunnels, 
shafts and ditches shall be considered as belonging to the 
placer claim for the use of which they are constructed, and 
as abandoned or forfeited by the abandonment or forfeiture 
of the claim itself. 

RIGHTS OF OTHERS—35. In tunneling under hills, on 
the frontage of which angles occur, or which may be of an 
oblong or elliptical form, no party shall be allowed to tun¬ 
nel from any of the said angles, nor from either end of such 
hills, so as to interfere with parties tunneling from the 
main frontage. 

INTEREST IN CLAIM—36. The interest of a free 
miner in his placer claim shall, save as to placer mines held 
as real estate, be deemed to be a chattel interest, equivalent 
to a lease, for such period as the same may have been re¬ 
corded, renewable at the end thereof by re-recording, and 
subject to the conditions as to forfeiture, working, represen¬ 
tation, re-recording and otherwise, for the time being in 
force with respect to placer claims. 

NO RIGHT TO VEIN OR LODE—37. The holder of a 
placer claim shall have no right to any vein or lode, as de¬ 
fined by the “Mineral Act, 1891,” within the limits of such 
placer claim, unless he shall have located and recorded the 



104 MINING LAWS OF BRITISH COLUMBIA. 

ground as a mineral claim; and until he shall so locate and 
record such ground, the same shall be open to any free miner 
to locate and record as a mineral claim. 

DUTIES OF PLACER CLAIM HOLDERS—38. Every 
placer claim as defined by this Act shall be represented and 
bona fide worked by the holder thereof, or by some person 
on his behalf, continuously, as nearly as practicable, during 
working hours, and shall be deemed to be abandoned and 
absolutely forfeited when the same shall have remained un¬ 
worked on working days by the holder thereof, or some per¬ 
son on his behalf, for the period of seventy-two hours, ex¬ 
cept during the close season, some lay-over, or leave of ab¬ 
sence, or during sickness, or for some other reasonable cause 
which shall be shown to the satisfaction of the Gold Com¬ 
missioner. 

LEAVE OF ABSENCE—39. Every free miner, or com¬ 
pany of free miners, shall be entitled to a leave of absence 
for one year from his or their placer claim or set of claims. 

(a.) Upon proving to the Gold Commissioner that he or 
they has or have expended on such claims, or on any portion 
of the set of claims, in cash, labor, or machinery, an amount 
equal to one thousand dollars on each full interest, without 
any return of gold or other minerals in reasonable quantities 
from such expenditure: and 

(bj Upon the application of such leave being signed by 
all the holders of the claim or set of claims. 

•Such leave of absence shall not be deemed to relieve the 
holder of such claim or set of claims from carrying out the 
provisions of this Act respecting free miner’s certificates, 
records and re-records of such claims; nor shall this section 
affect the discretionary power of the Gold Commissioner 
with respect to granting a leave of absence under other con¬ 
ditions. 

NOT TO APPLY TO LEASES—39 A. (1895, c. 40, s. 3.) 
The provisions of sections 39 and 42 of the said Act shall not 
apply to land or mining property held under mining leases, 
pursuant to Part VII. of the “Placer Mining Act, 1891,” but 
such leases shall in all matters be governed by the terms 
thereof. 

FORFEITURES—40. Every forfeiture of a placer claim 
shall be absolute, any rule of law or equity to the contrary 
notwithstanding. 


MINING LAWS OF BRITISH COLUMBIA. 


106 


NOT ENTITLED TO LAY OVER—41. No placer claim 
located and recorded in any district within fourteen days 
before, or at any time during the close season, shall be 
deemed to be laid over, unless so much work shall have been 
bona fide done thereon by the holder thereof as shall, in the 
opinion of the Gold Commissioner, fairly entitle him to have 
such claim laid over. 

LAY OVER, INSUFFIENCY OF WATER—42. Where 
the supply of water is insufficient to work hydraulic or other 
placer claims requiring water to enable them to be worked, 
such claims shall be laid over by virtue of this section dur¬ 
ing such insufficiency, but no longer, except by leave of the 
Gold Commissioner; but a notice of such insufficiency of 
water must be posted on the office of the Mining Recorder 
within three days from the cessation of work. 

RECORD OF CHARGES—43. Every bill of sale, con¬ 
veyance or mortgage of a placer claim, or of any fraction 
thereof, shall be recorded within the time prescribed for 
recording placer claims. 

TRANSFERS IN WRITING—44. No transfer of any 
placer claim, or of any interest therein, shall be enforceable 
unless the same or some memorandum thereof shall be in 
writing, signed by the transferrer, or by his agent author¬ 
ized in writing, and recorded in the Record of Conveyances. 

“ GOLD MINING AMENDMENT ACT, 1873 ”—45. The 
transfer of any real estate acquired under the provisions of 
the “Gold Mining Amendment Act, 1873,” shall be in writ¬ 
ing, signed by the transferrer, or by his agent authorized in 
writing, and attested by a subscribing witness. 


PART III.—Tunnels and Drains. 

LICENSE TO TUNNEL OR DRAIN THROUGH OTHER 
LAND—46. Any free miner requiring to run or construct a 
tunnel or drain in connection with his claim through any 
occupied or unoccupied lands, whether mineral or not, shall 
obtain a license from the Gold Commissioner for that pur¬ 
pose, which license shall be granted or withheld in the abso¬ 
lute discretion of such Gold Commissioner; and shall also 
give such security to the Gold Commissioner for any damage 
that may be caused by such tunnel or drain as such Gold 



106 


MINING LAWS OF BRITISH COLUMBIA. 


Commissioner may require. Such license shall be subject to 
such terms and conditions as the Gold Commissioner shall 
think fit, and shall be recorded in the Record Book. 

BELONG TO CLAIM—47. A tunnel or drain shall be 
considered as part of the placer claim, or mine held as real 
estate, for which the same was constructed. 

RIGHT OF WAY—48. Any free miner may apply to 
the Gold Commissioner for a grant of right of way and entry 
through and upon any mining ground in his district, for the 
purpose of constructing a drain for public drainage of mines. 

FORM OF APPLICATION—49. The application for 
every such grant shall be in writing, and shall set out the 
name of each applicant, the nature and extent of the pro¬ 
posed drain, the amount of toll to be charged, the term of 
years for which such grant is to be made, and all other privi¬ 
leges sought to be acquired. The application shall be left at 
the Mining Recorder’s office addressed to the Gold Commis¬ 
sioner. A notice of such application, setting out the above 
particulars, shall be posted on the office of the Mining Re¬ 
corder and on the ground for thirty clear days before such 
grant shall be made. 

DEPOSIT OF $25—50. The applicant for every such 
grant shall deposit with the Mining Recorder, at the time of 
the leaving of his application as aforesaid, twenty-five dol¬ 
lars, which shall be refunded in case the application shall be 
refused. 

RIGHT OF WAY, ETC.—51. Such grants shall be in 
writing and signed by the Gold Commissioner, and shall not 
be given for a longer period than twenty years, and shall 
give such rights of way and entry and such powers to assess, 
levy, and collect tolls from all persons using such drain, or 
benefited thereby, as the Gold Commissioner shall think’fit, 
but not in any case to exceed the term, rights, or powers set 
out in the application. 

COVENANTS OF GRANTEE—52. The following cove¬ 
nants and conditions on the part of the grantee and his as¬ 
signs shall be deemed to be part of every grant, whether ex¬ 
pressed therein or not: 

(a.) That he shall construct a drain or drains of suffi¬ 
cient size to meet all requirements within the time therein 
named: 


MINING .LAWS OF BRITISH COLUMBIA. 


107 


(b.) That he shall keep the same in thorough working 
order and repair, and free from all obstructions, and in de¬ 
fault thereof that the Gold Commissioner may order all nec¬ 
essary alterations or repairs to be made by any free miners, 
other than the grantee or his assigns, at the cost and ex¬ 
pense of the latter; such cost and expense to be levied by 
sale (subject, however, to the conditions of the grant) of all 
or any part of the drainage works, materials, and tolls, or 
any of them: 

(c.) That he shall, within a reasonable time, construct 
proper tap-drains from or into any adjacent claims, upon be¬ 
ing requested in writing by the holders thereof so to do; and 
if such grantee shall fail to commence the construction of 
any such tap-drains for five days after receipt of such re¬ 
quest, or after making such commencement shall for three 
days fail to proceed with such construction, he shall permit 
such holders to construct such tap-drains, in which case 
such holders shall only be chargeable with one-half the 
specified rates of toll, or such other proportion as the Gold 
Commissioner may direct: 

(d.) That he will not, in the construction and mainte¬ 
nance of such drains and tap-drains, in any way injure the 
property of others, and that he shall make good any damage 
done by him. 

RECORD GRANT—RENT—53. Every such grant shall 
be recorded in the Record Book, and the deposited sum of 
twenty-five dollars shall be retained as a recording fee. A 
rent of twenty-five dollars for each quarter of a mile and 
each fraction thereof shall be paid annually to the Mining 
Recorder by the grantee; such rent to commence from the 
date of the grant. 


PART IV.—Water Rights. 

WATER RIGHTS—54. Every free miner shall be en¬ 
titled to the use of so much of the water naturally flowing 
through or past his placer claim, and not already lawfully 
appropriated, as shall, in the opinion of the Gold Commis¬ 
sioner, be necessary for the due working thereof. 

UNAPPROPRIATED WATER—55. (1894, c. 33, s. 2.) 

A free miner may, at the discretion of the Golfl Commis¬ 
sioner, obtain a grant to a water right in any unappropri- 


108 


MINING LAWS OF BRITISH COLUMBIA. 


ated water, for any placer mining purpose, for any term not 
exceeding ten years, upon such terms and conditions as such 
Gold Commissioner shall think fit; but no free miner shall 
be charged any money rental for any such water used by 
him for mining purposes on his own mining claim. 

[Section 56 is same as Sec. 60, Part II., except in place 
of “sixty” days read “twenty” days.] 

RECORD—57. The grant of such water right shall be 
recorded in the office of the Mining Recorder in the Record 
of Water Grants, within the time limited for the recording 
of placer claims, and shall during each year of the continu¬ 
ance of the grant, and whilst it shall be in operation, be 
re-recorded as in the case of a placer claim. 

GRANT NOT EFFECTUAL UNTIL RECORDED—58. 
No grant shall take effect until recorded. 

NOT TO BE SOLD—59. No free miner shall be en¬ 
titled to a grant of the water of any stream for the purpose 
of selling the water to claim holders on any part of such 
stream. The Gold Commissioner may, however, grant such 
privileges as he may deem just, when such water is intended 
to work bench or hill claims fronting on any such stream; 
provided, that the rights of free miners then using the 
water be protected. 

DISTRIBUTION OF WATER—60. The owner of any 
water right may distribute the water to such free miners 
and on such terms as he may deem advisable, within the 
limits mentioned in his grant: Provided, always, that such 
owner shall be bound to supply water to all applicants, being 
free miners, in a fair proportion, and shall not demand 
more from one than another, except where the difficulty of 
supply is enhanced. 

RIGHTS OF MINERS BELOW DITCH HEAD—61. If, 
after the grant has been made, any free miner or free min¬ 
ers locate and bona fide work any placer claim below the 
ditch head, on any stream so diverted, he or they shall col¬ 
lectively be entitled to forty inches of water if two hundred 
inches be diverted, and sixty inches if three hundred inches 
be diverted, and no more, except upon paying to the 
grantee compensation equal to the amount of damage sus¬ 
tained by the grantee on account of the diversion of such 
extra quantity of water; and, in computing such damage, 


MINING LAWS OF BRITISH COLUMBIA. 


109 


the expense of the construction of the ditch shall be con¬ 
sidered. 

PRIORITY OF NOTICE—62. On any dispute between 
applicants for a grant prior to such grant being made, pri¬ 
ority of notice shall constitute priority of right, if any. 

DATE OF GRANT—63. A grant duly recorded shall 
speak from the date of the grant, and not from the date of 
the record. 

RIGHTS OF PERSONS USING—64. Every such grant 
shall be subject to the rights of such free miners as shall, at 
the date of such grant, be working on the stream above or 
below the ditch head, and of any other persons lawfully 
using such water for any purpose whatsoever. 

WATER RIGHT APPURTENANT TO CLAIM—65. A 
grant of a water right made in respect of any placer claim, 
or placer mine held as real estate, shall be deemed appurte¬ 
nant to such claim or mine, and whenever the claim or mine 
shall have been worked out, abandoned or forfeited, or 
whenever the occasion for the use of the water upon the 
claim or mine shall have permanently ceased, the grant 
shall be at an end and determined. 

[Section 66 is same as Sec. 67, Part II., except read 
“thirty days” instead of “six months.”] 

POINT OF DIVERSION, CHANGE—67. The grantee of 
any water right may obtain permission from the Gold Com¬ 
missioner to change the place of diversion, on giving such 
notices and complying with such terms as the Gold Commis¬ 
sioner may require. 

[Sections 68, 69 and 70 are same as Secs. 69, 70 and 71, 
Part II.] 

NOTICE ON APPROACHING ANY DITCH—71. When¬ 
ever it shall be intended, in forming or upholding any ditch, 
to enter upon and occupy any part of a placer claim, or 
placer mine held as real estate, or other land, or to dig or 
loosen any earth or rock within twenty feet of any ditch 
thereon, three days’ notice in writing of such intention shall 
be given to the owner of such ditch, before entering or ap¬ 
proaching within twenty feet thereof. 

[Sections 72, 73, 74, 75, 76, 77 and 78 are same as Secs. 
73 , 74, 75, 76, 77, 78 and 79, Part II.] 


110 


MINING LAWS OF BRITISH COLUMBIA. 


PART V.— Mining Partnerships. 

HOW GOVERNED—79. All mining partnerships shall 
be governed by the provisions hereof, unless they shall have 
other and written articles of partnership. 

TO BE ANNUAL—80. A mining partnership shall, un¬ 
less otherwise agreed upon, be deemed to be a yearly part¬ 
nership, renewable from year to year by tacit consent. 

SCOPE OF—81. The business of such partnership shall 
be mining and such other matters as pertain solely thereto. 

RIGHTS OF—82. Mining partnerships can locate and 
record in the partnership name a placer claim for each part¬ 
ner who is a free miner. Such partnership claims may be 
located and recorded as a set of claims, and each such claim 
shall be staked as an ordinary placer claim. One stake on 
each such claim shall be marked as an initial stake, by writ¬ 
ing thereon the words ‘ Initial post.” It shall not be requi¬ 
site to post more than one location notice on each set of 
claims, which notice shall be on the first initial post. 

RECORD OF CLAIMS—83. A set of claims may be re¬ 
corded in one record. The name of every partner, and the 
number of every partner’s free miner’s certificate, shall be 
on the record of every such set of claims. The partnership 
name shall appear on every such record, and all claims so 
taken up shall be the property of the partnership. 

PARTNERS, TO VOTE—84. A partner in any mining 
partnership, or his agent authorized in writing, shall, at any 
meeting thereof, be entitled to vote upon any interest or 
fraction of an interest which he may hold therein; but the 
result of the votes given shall be determined by the number 
if the full interests voted upon, and not by the number of 
partners voting at such meeting. 

MAJORITY MAKE ASSESSMENTS—85. A majority of 
such votes may decide when, how long, and in what manner 
to work the partnership claim, or set of claims, the number 
of men to be employed, which number shall not be less than 
one man to each claim, and the extent and manner of levy¬ 
ing the assessments to defray the expenses incurred by the 
partnership. Such majority may also choose a foreman or 
manager, who shall represent the partnership, and sue and 


MINING LAWS OF BRITISH COLUMBIA. 


Ill 


be sued in the name of the partnership for assessments and 
otherwise; and he shall have power to bind them by his 
contracts. Every partner, or his duly authorized agent, 
shall be entitled to represent his interest in the partnership 
property by work and labor, so long as such work and labor 
be satisfactory to the foreman or manager. In the event of 
such partner or agent being discharged by the foreman or 
manager, the court having jurisdiction in mining disputes 
may, if requested, summon the foreman or manager before 
it, and upon hearing the facts make such order as it shall 
deem just. 

WHEN PAYABLE—86. All assessments shall be pay¬ 
able within five days after being made. 

DEFAULT BY PARTNER—87. Any partner making 
default in payment after receiving a notice certifying the 
amount due by him, shall, if such amount be correct, be per¬ 
sonally liable therefor to the partnership, and his interest in 
the partnership property may be sold by the partnership for 
the payment of the debt, and any further assessment which 
may have accrued thereon up to the day of sale, together 
with all costs and charges occasioned by such default; and 
if the proceeds of the sale be insufficient to pay off the sev¬ 
eral sums mentioned, the court having jurisdiction in min¬ 
ing disputes, upon being applied to, shall issue an order 
directed to the Sheriff to seize and sell any other personal 
property of the debtor. Notices of sale shall, in either of 
the above cases, be conspicuously posted ten clear days prior 
to the day of sale, in the vicinity of such mining or other 
property, and on the Court House or Mining Recorder’s office 
nearest thereto. But if such partner be absent from the 
district, such notice shall be posted as aforesaid thirty clear 
days before the day of sale, and a copy of such notices shall 
be published in some newspaper circulating in the district 
wherein such mining or other property is situate for the 
same period. Such sale shall be by public auction to the 
highest bidder. The purchaser shall be entitled to posses¬ 
sion of the property sold, and to a bill of sale therefor signed 
by the auctioneer; such bill of sale shall confer such title 
upon the purchaser as the owner had. 

[Sections 88, 89, 90, 91, 92, 93, 94, 95, 96, 97, 98 and 99 are 
same as Secs. 89, 91, 92, 93, 94, 95, 96, 97, 98, 99, 100 and 101, 
Part III.] 


112 


MINING LAWS OF BRITISH COLUMBIA. 


PART VI.— Bedrock Flumes. 

APPLICATION FOR RIGHT OF WAT FOR BEDROCK 
FLUME—100. One or more free miners may apply to the 
Gold Commissioner for a grant of exclusive rights of way 
through and entry upon any mining ground in his district, 
for the purpose of constructing, laying and maintaining a 
bedrock flume. 

HOW MADE—101. Every such application shall be in 
writing, and shall be left at the Mining Recorder’s office, ad¬ 
dressed to the Gold Commissioner, and shall state the name 
of the applicant and the nature and extent of the privileges 
sought to be acquired. Thirty days’ notice of such applica¬ 
tion shall be given, by affixing the same to some conspicu¬ 
ous part of the ground through which the rights of way are 
asked, and a copy thereof upon the walls of the Court House 
or of the office of the Mining Recorder of the district. Prior 
to such application, such ground shall be marked out by legal 
posts, placed at intervals of one hundred and fifty feet along 
the proposed main line or course of the flume, with a notice 
of such application affixed to one of such posts. And it shall 
be competent for any free miner to protest before the Gold 
Commissioner within such thirty days against such appli¬ 
cation being granted, but not afterwards. Every application 
for a grant shall be accompanied by a deposit of one hundred 
and twenty-five dollars, to be left with the Mining Recorder, 
which shall be refunded if the application be refused, but not 
otherwise. 

TERM—102. Every such grant shall be in writing, 
signed by the Gold Commissioner, and shall be for a term not 
exceeding five years. 

RIGHTS OF GRANTEE—103. The grantee shall be en¬ 
titled to the following rights and privileges, that is to say: 

(a.) The right of way through and entry upon any new 
and unworked river, creek, gulch or ravine, and the exclusive 
right to locate and work a strip of ground one hundred feet 
wide and two hundred feet long in the bed thereof to each 
grantee named in such grant. 

(b.) The right of way through and entry upon any 
river, creek, gulch, or ravine worked by miners for any 
period longer than two years prior to such entry, and already 


MINING LAWS OF BRITISH COLUMBIA. 


113 


wholly or partially abandoned, and the exclusive right to 
stake out and work both the unworked and abandoned por¬ 
tions thereof, one hundred feet in width, and one-quarter 
mile in length, for each grantee named in such grant: 

(c.) Such right of way through and entry upon any riv¬ 
er, creek, or ravine discovered within two years next pre¬ 
ceding the date of his application before mentioned, and upon 
any portions of which any free miner is legally holding and 
bona fide working a claim, as to the Gold Commissioner may 
seem advisable: 

(d.) The right of way through and entry upon all pla¬ 
cer claims which are at the time of the notice of application 
before mentioned bona fide being worked by any free miner, 
for the purpose of cutting a channel and laying his flume 
therein, with such reasonable space for constructing, main¬ 
taining, and repairing the flume as may be necessary: Pro¬ 
vided, that the owner of such last-mentioned placer claim 
shall be entitled to take and receive the gold or other min¬ 
erals found in the cut so made: 

(e.) The use of so much of the unappropriated water of 
the stream on which the flumes may be located, and of other 
adjacent streams, as may be necessary for the use of the 
grantee’s flumes, hydraulic power, and machinery to carry 
on his mining operations, and the right of way for ditches 
and flumes to carry the necessary water to his works, sub¬ 
ject to the payment of any damage which may be done to 
other parties by running such ditches or flumes through or 
over their ground: 

(f.) The right to all the gold or other minerals in his 
flumes: 

(g.) No person locating new and unworked or aban¬ 
doned ground within the limits of such grant, after the no¬ 
tice above mentioned has been given, shall have any right or 
title as against such grantee to the ground so located. 

CLAIM-HOLDER MAY CONNECT WITH—104. A 
holder of a placer claim through which the line of the gran¬ 
tee’s flume is to run may put in a bed-rock flume in his claim 
to connect with the grantee’s flume, upon giving the grantee 
ten days’ notice in writing to that effect; but he shall main¬ 
tain the like grade and build his flume as thoroughly and of 
as strong materials as are used by such grantee. 

DUTIES OF CLAIM-HOLDER—105. A claim-holder 
constructing such flume through his claim shall keep his 


114 


MINING LAWS OP BRITISH COLUMBIA. 


flume free from obstruction, and he shall be entitled to all 
the gold or other minerals found therein, but he shall be 
subject to the same regulations with regard to cleaning up 
the flume, repairs and other matters in which both parties 
are interested, as may be adopted by such grantee; and such 
claim-holder shall have the right at any time before the 
abandonment of his claim to become a partner of the gran¬ 
tee, by uniting his claim and flume with the ground and 
flume of the grantee, and taking an interest proportionate 
to that which he shall cede to the grantee; or he may aban¬ 
don his claim and flume, and such abandonment shall enure 
to the use and benefit of the grantee. 

WORK TO BE DONE—106. The grantee shall lay at 
least one hundred feet of flume during the first year of such 
grant, and three hundred feet annually thereafter, until com¬ 
pletion of the flume; but the amount of flume to be laid may 
be reduced at the discretion of the Gold Commissioner. 

USE CLAIM-HOLDER MAKE OF FLUME—107. Any 
free miner lawfully working any claim where a bed-rock 
flume exists shall be entitled to tail his sluices, hydraulics, 
and ground sluices into such flume, but so as not to obstruct 
the free working of such flume by rocks, stones, boulders, or 
otherwise. 

RECORD OF GRANT, RENT—108 The grantee shall 
record his grant with the Mining Recorder within three days 
after obtaining the same, and pay for such record the fee 
provided in the schedule to this Act; and he shall also pay 
to the Mining Recorder annually a rent of twelve dollars and 
fifty cents for each quarter of a mile of right of way legally 
held under such grant. 

INTEREST OF GRANTEE—109. The interest of the 
grantee in his grant, and in all flumes and fixtures connect¬ 
ed therewith, shall be deemed to be a chattel interest equiva¬ 
lent to a lease for the term of such grant. 

EXTENSION OF TERM—110. Upon the expiration of 
the grant for a bed-rock flume, it may be extended for any 
further term not exceeding five years for any one extension, 
at the discretion of the Gold Commissioner. 

FORFEITURE—111. Any grant of a bed-rock flume 
shall be forfeited whenever the grantee shall fail to comply 
with the conditions thereof, or of this Act. 


MINING LAWS OP BRITISH COLUMBIA. 


11& 


PART VII.— Leases. 

LEASES OF UNOCCUPIED LAND FOR PLACER MIN¬ 
ING, ETC—112. (1896, C. 35, s.5.) It shall be lawful for the 

Gold Commissioner, with the sanction of the Lieutenant- 
Governor in Council, to grant a lease of any unoccupied and 
unreserved Crown land for placer mining purposes or for 
precious stone diggings for any term not exceeding twenty 
years, on such terms and conditions as he shall think fit; 
and any free miner desiring to obtain a lease of any placer 
mining ground shall mark out such ground by placing a legal 
post at each corner, and shall post a notice on the post near¬ 
est to the placer mining claims then being worked in the 
immediate locality, and also on the office of the Mining Re¬ 
corder, which notice shall set out— 

(1.) The name of each applicant: 

(2.) The locality of the ground to be acquired: 

(3.) The quantity of ground: 

(4.) The term for which such lease is to be applied for. 

APPLICATION FOR—113. (1896, C. 35, s. 6.) The free 
miner, after staking the ground and posting the notices as 
aforesaid, shall, within thirty days, make application in 
writing, addressed to the Gold Commissioner, which appli¬ 
cation shall be in duplicate, with the plan of the ground 
on the back, and shall leave the same at the office of the 
Mining Recorder, which application shall set out— 

(1.) The name of each applicant: 

(2.) The number of each applicant’s free miner’s cer¬ 
tificate: 

(3.) The locality of the ground: 

(4.) The quantity of ground: 

(5.) The term of the lease desired: 

(6.) The rent proposed to be paid. 

TRIPLICATE GROUND PLAN—114. (1896, C. 35, s. 7.1 

On making such application the free miner shall deposit 
with the Mining Recorder, for the use of the Gold Commis¬ 
sioner, a plan of the ground, in triplicate. And every per¬ 
son making application for a lease of mining ground for any 
purpose under the provisions of this Act shall deposit the 
sum of twenty dollars with the Gold Commissioner at the 
time the application is made. If the application is granted, 
the twenty dollars deposited to be applied toward the pay- 



116 


MINING LAWS OF BRITISH COLUMBIA. 


ment of the first year’s rent, and the balance of the first 
year’s rent shall be paid by the applicant within sixty days 
after the Gold Commissioner gives him notice of the execu¬ 
tion of the lease, which notice may be sent by letter to the 
applicant to his address; such address to be left with the 
Gold Commissioner when the application for the lease i3 
made. If the application is not granted, the twenty dollars 
deposited is to be returned to the applicant; but in case the 
applicant fails to perform his part in accordance with his 
application, then the twenty dollars deposited shall be for¬ 
feited to the government, and his application shall be void. 

115. (Repealed by 1896, c. 35, s. 8.) 

AREAS—116. (1896, c. 35, s. 9.) Applications shall not 

be for greater than the following areas or distances: 

In creek diggings on abandoned or unworked creeks, 
half a mile in length: 

Any other placer mining ground, eighty acres; but in uo 
case shall any lease extend along any creek or river more 
than five hundred yards, creek diggings excepted: 

Precious stone diggings, ten acres; but the right to mine 
for precious stone shall not include the right to mine for gold 
or other precious metals, unless the ground be held also for 
that purpose separately, under the provisions of this Act: 

Provided, always, that nothing in this Act shall be 
deemed to affect the right of any holder of a lease of placer 
mining ground to a renewal thereof, if such holder has sub¬ 
stantially made and performed upon the ground the labor, 
work, and expenditure required by such lease as a condition 
of renewal thereof. 

AGRICULTURAL OR OCCUPIED GROUND—117. 
(1894, c. 33, s. 6.) A lease shall not be granted for any min¬ 
ing ground any portion of which is actually occupied by free 
miners, unless with the consent of such occupiers; and no 
lease shall be granted for any mining ground which is, in 
the opinion of the Gold Commissioner, available for agri¬ 
cultural purposes. 

GOLD COMMISSIONER, POWERS 0<F—118. (1898, c. 

35, s. 10.) The Gold Commissioner may, with the sanction 
of the Lieutenant-Governor in Council, grant or refuse any 
application for a lease of placer mining ground, or modify 
the terms and conditions of such application as he shall 
think fit. 


MINING LAWS OP BRITISH COLUMBIA. Ill 

APPLICATIONS, PLAN ANNEXED—119. (1896, c. 35, 
s. 11.) Every application for a lease of placer mining 
ground, together with the plan of the ground and the Gold 
Commissioner’s report thereon, shall be forwarded by such 
Gold Commissioner to the Lieutenant-Governor in Council, 
and no lease shall be granted on any such application with¬ 
out his sanction. 

LEASES TO BE WRITTEN—120. (1896, c. 35, s. 12.) 

Every lease of mining ground shall be in writing signed by 
the Gold Commissioner and the lessee, and shall be in dupli¬ 
cate or triplicate, as the case may require, and one copy of 
every such lease shall, as soon as possible after it is issued, 
be transmitted by mail by the Gold Commissioner issuing the 
same, to be filed in the office of the Mining Recorder in the 
mining division of the district in which the mining ground 
leased is situated. 

CONTENTS OF—121. Every lease shall provide for se¬ 
curing to the public reasonable rights of way and water, 
and shall contain a covenant by the lessee to mine the 
ground in a miner-like manner, and shall contain such cov¬ 
enants for the continuous working of such ground as the 
Gold Commissioner shall think reasonable, and shall re¬ 
serve the right to free miners to enter on such ground and 
mine for veins or lodes, as defined by the “Mineral Act, 
1891.” 

FORFEITURE OF—122. (1896, c. 35, s. 13.) On the 

non-performance or non-observance of any covenant or con¬ 
dition in any lease, such lease shall be declared forfeited 
by the Gold Commissioner, subject to the approval of the 
Minister of Mines, unless good cause is shown to the con¬ 
trary. After any such declaration of forfeiture, the mining 
ground shall be open for location by any free miner. No 
lease, whether made before or after the passage of this Act, 
shall hereafter be declared forfeited, except in accordance 
with this section. 

TO BE ONLY FOR PLACER MINING—123. Leases 
shall be granted for placer mining only, and shall not be 
assigned or sub-let without the written consent of the Gold 
Commissioner. 

GRANT OF WATER—EXTENSION—FORFEITURE- 
124. (1896, c. 35, s. 14.) When any placer mining ground 

is held under lease, the lessee of such mining ground shall 


US MININlx LAWS OF BRITISH COLUMBIA. 

be entitled to a free grant from the Gold Commissioner of 
such quantity of unappropriated water, from any stream or 
lake, together with the right and privilege to construct, erect, 
and maintain dams, gates, and flumes for the purpose of di¬ 
verting, storing, and controlling such water as may, in the 
opinion of the Gold Commissioner, he necessary to work the 
said mining ground efficiently, and shall have the right of 
way through any mining ground for the purpose of con¬ 
structing ditches and flumes to convey such water to the min¬ 
ing ground so held, which grant shall be for the same term 
for which the mining ground is leased. Whenever such 
mining ground shall have been efficiently worked as required 
by the conditions of the lease, to the satisfaction of the Gold 
Commissioner, and if at the expiration of the lease a por¬ 
tion of said mining ground remains still to be worked, the 
lessee may obtain an extension of the lease and grant, upon 
the same conditions as the original lease and grant, for such 
reasonable time as will enable him to work out such por¬ 
tion of said mining ground as still remains unworked, and 
the Gold Commissioner may, with the sanction of the Lieu¬ 
tenant-Governor in Council, grant such extension by memor¬ 
andum endorsed on the lease; Provided, that whenever the 
mining ground so held under lease has been forfeited, aban¬ 
doned, or worked out, or the occasion for the use of the wa¬ 
ter upon such mining ground shall have permanently ceased, 
the grant of such w r ater shall terminate. But in any case 
where the ditch or flume constructed for conveying such wa¬ 
ter shall have a carrying capacity of not less than five hun¬ 
dred inches, and shall have cost not less than five thousand 
dollars, such ditch or flume shall remain the property of the 
owner thereof. 

PROCEDURE TO OBTAIN GRANT—124a. (1896, c. 35, 
s. 15.) Before applying for any such water grant, the holder 
of a lease shall— 

(1.) Post a notice in writing on a legal post upon some 
conspicuous part of the mining ground on which such water 
is intended to be used, and a copy of such notice on the 
office of the Mining Recorder for at least twenty days, which 
notice shall contain the following particulars: 

(a.) The name of each applicant: 

(b.) The number of each applicant’s free miner’s certi¬ 
ficate: 

(c.) The name, or if unnamed, a sufficient description 


MINING LAWS OF BRITISH COLUMBIA. 


119 


of the stream, lake, or other source from which such water 
is intended to be taken: 

(d.) The point of diversion or intended ditch-head: 

(e.) The number of inches of water applied for: 

(f.) The purpose for which it is required: 

(g.) The date of the notice. 

CONSOLIDATION OF CLAIMS—124b. (1896, c. 35, s. 

15.) Any free miner, or two or more free miners, holding 
adjoining leases of placer mining ground, may consolidate 
his or their holdings into one holding, not to exceed six hun¬ 
dred and forty acres, by filing with the Mining Recorder a 
declaratory statement containing the name of the company 
or partnership which is to hold the consolidated lease, the 
location and size of each lease, and the particular interest 
of each free miner in the leases to be consolidated, and such 
statement shall be signed by the holder or holders of the 
leases to be consolidated. After filing such declaratory 
statement, such free miner, or free miners, shall be allowed 
in each and every year to perform on any one or more of 
such leases all the work that is necessary to be performed 
to hold all such leases, and any water grant that has been 
made for the working of any one of such leases shall, after 
the consolidation of such leases, be appurtenant to and may 
be used on any one of such consolidated leases; and provided 
further, that when two or more leases have been consoli¬ 
dated into one holding, as provided in this section, and such 
leases contain a provision that a certain amount of money 
shall be expended in working each of such leases each year 
in order to hold it, the holder or holders of such leases may, 
in lieu of the required expenditure in work on such leases 
in each year, pay to the Mining Recorder of the Mining Di¬ 
vision in which such leases are situate, a sum equal to 
twenty-five per cent, of the aggregate amount required to 
be so expended in work on the consolidated leases, and re¬ 
ceive from such recorder and record a receipt for such pay¬ 
ment; and payment and record thereof in any year shall re¬ 
lieve the person making it from the necessity of doing any 
work during the year in and for which and upon the lease 
in respect of which such payment is recorded. 

RECORD OF WATER GRANTS—125. (1896, c. 35, s. 

16.) Every grant, and every extension of a grant, of a water 
right for mining grounds leased shall be recorded in the 


120 


MINING LAWS OF BRITISH COLUMBIA. 


“Record of Water Grants,” but it shall not be necessary to 
record such grant or extension annually. 

LEASE OF RIVER BED, ETC—126. (1895, c. 40, s. 8.) 

It shall be lawful for the Gold Commissioner, with the sanc¬ 
tion of the Lieutenant-Governor in Council, to grant a lease 
for any term, not exceeding twenty years, of the bed of any 
river below low water mark for dredging purposes, for a 
distance not exceeding five miles, upon such terms as ae 
shall think fit: Provided, always, that every such lease 
shall reserve the right to every free miner or mining com¬ 
pany to run tailings into such river at any point thereon, 
also to mine two feet below the surface of the water at low 
water mark, by putting in wing-dams, whether such free 
miner shall locate before or after the date of such lease; and 
it shall be lawful for the holder or holders of any lease or 
leases, whether granted before or after the passing of this 
Act, engaged in dredging for gold in any such river, at the 
time when they may be engaged in dredging, to cut into any 
bar, bench, or old channel on any of the banks of such river 
on which they hold leases, or mine in any bench or bank 
thereof during high or low water, provided the same ground 
is not leased under the “Placer Mining Act, 1891,” and 
amending acts, or any other act, or is not at such time being 
worked by free miners, the right being always reserved to 
free miners to construct wing-dams as far as may be de¬ 
sired into any of such bars, banks or benches for the pur¬ 
pose of conducting mining operations either by sluice or 
rocker, and parties holding such dredging leases shall not in 
any manner interfere with any free miner or stop him from 
working any part of said rivers or benches, otherwise than 
by dredging, of which the holders of such leases shall have 
the full right. 


Dredgers — Protection. 

DREDGERS—126a. (1895, c. 40, s. 9.) It shall not be 

lawful for any free miner to construct wing-dams within 
one thousand feet of any dredger while working, nor to ob- 
struct any dredger in any manner. 


MINING LAWS OF BRITISH COLUMBIA. 


121 


PART VIII. 

Mining Recorders—Appointment, Duties, Powers. 

(Sections 127, 128, 129 and 130 are same as sections 103, 
104, 105 and 106, part 4.) 

BOOKS KEPT BY MINING RECORDER—131. Every 
Mining Recorder shall keep the following books, to be used 
for placer mining entries: 

(a.) A book to be known as the “Record Book:” 

(b.) A book to be known as the “Record of Abandon¬ 
ments:” 

(c.) A book to be known as the “Record of Affidavits:” 

(d.) A book to be know as the “Record of Convey¬ 
ances:” 

(e.) A book to be known as the “Record of Water 
Grants.” 

RECORD AND RE-RECORD OF CLAIMS—132. Upon 
the application of or on behalf of any free miner, and upon 
receipt of all the particulars required by section 23 of this 
Act, the Mining Recorder shall record any placer claim, by 
entering all the particulars required by said section in the 
Record Book, which entry shall be, as near as convenient, in 
the Form B in the Schedule to this Act. Upon the applica¬ 
tion of or on behalf of any free miner, and upon receipt of 
all the particulars required by section 28 of this Act, the 
Mining Recorder shall re-record any placer claim, by enter¬ 
ing all the particulars required by said section in the Record 
Book, which entry shall be, as near as convenient, in Form 
C in the Schedule to this Act. The Mining Recorder shall 
not make any such record until he has received all the par¬ 
ticulars required by section 23, and any record made in vio¬ 
lation of this section shall be absolutely void. 

LAY.OVER—133. The Mining Recorder shall record 
every lay-over, leave of absence, license permit, and other 
privilege granted and forfeiture declared by the Gold Com¬ 
missioner in the Record Book. 

WATER GRANT—134. The Mining Recorder shall re¬ 
cord all water grants and extensions thereof in the Record 
of Water Grants. 

(Sections 135, 136, 137, 138, 139, 140, 141 and 142 are same 
as sections 113, 114, 115, 116, 117, 118, 119 and 122, part 4.) 


122 MINING LAWS OF BRITISH COLUMBIA. 

RECORDER TO RECEIVE DOCUMENTS—143. The 
Mining Recorder shall receive all applications and other 
documents addressed to or intended for the Gold Commis¬ 
sioner, and forward the same to the Gold Commissioner. 

TO RECEIVE MONEY—144. The Mining Recorder 
shall receive all deposits of money directed to be made by 
this Act, and apply the same as directed by this Act. 

TO COLLECT RENT—145. The Mining Recorder shall 
collect all rents collectible under the conditions of any lease 
or other documents granted under the provisions of this Act. 

MONEYS TO BE PAID INTO TREASURY—146. The 
Mining Recorder shall forward to the Provincial Treasury 
all fees, rents, tines, penalties, and other moneys collected or 
obtained by him in accordance with the provisions of this 
Act. 

(Sections 147, 148 and 149 are same as sections 123, 124 
and 125, part 4.) 

HOURS—150. The Mining Recorder’s office shall be 
open upon all days, excepting public holidays, from 10 a. m. 
to 4 p. m., and such times shall be deemed the office hours of 
such office. 


PART IX.—Gold Commissioner’s Powers. 

POWERS OF COMMISSIONER—151. It shall be lawful 
for the Gold Commissioner to perform the following acts 
in accordance with the provisions of this Act: 

(a.) He may lay over any or all claims, and may grant 
to any holder of a claim leave of absence for such period 
and reasons as he may think proper: 

(b.) He may prescribe the number of miners who shall 
be required to work in prospecting a set of claims until gold 
in paying quantities is found: 

(c.) For the more convenient working of back claims 
on benches or slopes, the Gold Commissioner may permit the 
owners thereof to drive a tunnel through the claims fronting 
on any creek, ravine, or water-course, upon such terms as 
shall seem expedient: Provided that in tunneling under 
hills, on the frontage of which angles occur, or which may oe 
of an oblong or elliptical form, no party shall be allowed to 
tunnel from any of the said angles, nor from either end of 


MINING LAWS OF BRITISH COLUMBIA. 


123 


such hills, so as to interfere with parties tunneling from 
the main frontage: 

(d.) He may mark out a space of ground for deposits 
of leavings and deads from any tunnel, claim, or mining 
ground, upon such terms as he may think just: 

(e.) He may extend the limits of a claim in “bench dig¬ 
gings” beyond the limits of the bench, but not to exceed 
100 feet square: 

(f.) He may, in case of disputed boundaries or meas¬ 
urements, employ a surveyor to mark and define the same, 
and cause the reasonable expense thereof to be paid by 
either or both of the parties interested therein: 

(g.) He may permit or order mining posts to be 
moved: 

(h.) He may summarily order any mining works to be 
so carried on as not to interfere with or endanger the safe¬ 
ty of the public, any public work or highway, or any min¬ 
ing property, mineral claim, placer claim, bed-rock drain, 
or bed-rock flume; and any abandoned works may by his 
order be either filled up, or guarded to his satisfaction, at 
the cost of the party who may have constructed the same, 
or, in his absence, upon such terms as he shall think fit: 

(i.) He may, upon application made to him, allow a 
free miner such right of entry upon any adjacent claim as 
may be necessary for the working of his claim, and upon 
such terms as may to him seem reasonable: 

(j.) He may grant licenses and rights of way for the 
purpose of constructing drains or tunnels, and may exer¬ 
cise such powers as are specified in Part III. of this Act: 

(k.) He may grant water rights, and renew the same, 
and declare the same forfeited, and grant all such privi¬ 
leges, and exercise such powers as are specified in Part IV. 
of this Act: 

(1.) He may grant rights of way for the purpose of con¬ 
structing a bed-rock flume, and may extend the grant at its 
expiration, in accordance with Part VI. of this Act: 

(m.) He may grant leases of placer mining ground, and 
of unappropriated water to work the same, and may grant 
renewals of such leases, and grant such privileges and exer¬ 
cise all such powers as are specified in Part VII. of this 
Act: 


GRANTS UNDER G. M. A. ACT, 1873—152. Not¬ 
withstanding anything contained in the “Gold Mining 


124 MINING LAWS OF BRITISH COLUMBIA. 

Amendment Act, 1873,” or in any Crown grant issued under 
the said Act, or under this or any other Act, it shall be law¬ 
ful for the Gold Commissioner, in his discretion, and with or 
without any terms or conditions, to allow to the owners of 
placer claims all such rights or privileges in and over min¬ 
eral or other claims held as real estate as may be allowed 
in and over claims not so held; and owners of claims held as 
real estate shall be entitled to the same rights and privileges 
as owners of claims not so held. 

POWER TO CARRY OUT ACT—153. The Gold Com¬ 
missioner shall have power to do all things necessary or ex¬ 
pedient for the carrying out of the provisions of this Act. 


Administration. 

DECEASED MINER’S PROPERTY—154. The Gold 
Commissioner shall take possession of the mining property 
of any deceased free miner, and may cause such mining pro¬ 
perty to be duly worked, or dispense therewith at his option. 

ESTATE OF INTESTATE DECEASED MINER—155. 
The Gold Commissioner, or any person authorized by him, 
shall take charge of all the property of any deceased free 
miner until the issue of letters of administration or probate 
of the will, if any: Provided, however, that where any free 
miner shall die intestate, and the value of the personal es¬ 
tate of such deceased free miner is less than three hundred 
dollars, it shall not be necessary for the Gold Commissioner 
to obtain from any court letters of administration, but in 
such case the Gold Commissioner may administer and wind 
up the personal estate of the deceased, and do all things 
necessary and proper therefor, and act in all respects as if 
letters of administration to the personal estate of such de¬ 
ceased free miner had been granted to such Gold Commis¬ 
sioner and the Gold Commissioner shall produce and pass his 
accounts, in each estate of which he shall undertake the ad¬ 
ministration, before a Judge of the County Court of the dis¬ 
trict. 


MINING LAWS OF BRITISH COLUMBIA. 


125 


PART X.—County Courts. 


JURISDICTION, PROCEDURE FORHS, AND COSTS. 

(Section 156, see 144, part 6, omitting subsection 11.) 

Sections 157, 158, 159, 160, 161, 162, 163, 164 and 165 are 
same as sections 145, 146, 147, 148, 149, 150, 151, 152 and 153, 
part 6, Mineral Act.) 

JURISDICTION, SUPREME COURT—166. The juris¬ 
diction given to the County Court by this Act shall not in 
any manner interfere with or lessen the jurisdiction of the 
Supreme Court. 


PART XI.— Penal and Miscellaneous. 

(Section 167 is same as section 154, part 8.) 

PENALTIES—168. All fines and penalties imposed or 
payable under this Act may be recovered by distress and 
sale of any mining or other personal property of the offend¬ 
er, and in default by imprisonment, with or without hard 
labor, for any term not exceeding three months. 

PINES, ETC.—169. All fees, rents, fines, penalties and 
other moneys collected under this Act shall be paid into the 
Provincial Treasury. 

(Section 170 is same as section 157, part 8.) 

COPIES OF ACT—171. Every free miner, on applica¬ 
tion to the Mining Recorder, shall be entitled to a printed 
copy of this Act. 

(Section 172 is same as section 159, part 8.) 

Taxation. 

MINES AND MONEYS INVESTED NOT EXEMPT—173. 
(1895, c. 40, s. 12.) Notwithstanding anything contained in 
the said “Placer Mining Act, 1891,” or amendments thereto, 
mines and moneys invested therein shall not be exempt 
from taxation, but shall bear such rate as may be imposed 
by any law in force in the Province. 

(Section 174 is same as section 161, part 8, except read 
“Placer Mining Act, 1891," instead of “section 9 of this Act." 





126 


MINING LAWS OP BRITISH COLUMBIA. 


PENDING LITIGATION NOT AFFECTED—175. (1895, 
c. 40, s. 14.) Nothing in this Act (1895, c. 40, s. 14) shall af¬ 
fect litigation pending on the first February, 1895. 


Confirmation. 


SHORT TITLE—1. This Act may be cited as the “Min¬ 
eral Claim Confirmation Act, 1893.” 

NOT TO AFFECT THE TITLE TO CERTAIN CLAIMS. 
2. The title to any claim bona fide located in accordance with 
the provisions of the “Mineral Act, 1891,” after the passage 
of the “Mineral Act (1891) Amendment Act, 1892,” but be¬ 
fore the receipt by the Mining Recorder of the district in 
which such claim is recorded of intelligence that such 
Amendment Act had been passed, and of the nature of the 
provisions respecting the size, shape, and method of staking 
mineral claims thereby substituted for the provisions pre¬ 
viously existing shall be in no wise affected or prejudiced by 
the passage of the said Acts. 




LODE CLAIMS. 


FORMS USED UNDER BRITISH COLUMBIA LAWS. 


(From Statutes, 1896 .) 

Form A—LOCATION NOTICE. 



and . feet of this cla 

left of the location line. 


Dated this .... day of 


lino • ••• uay U1 ••••»•, loy.. 

Take care to number the posts 1, 2, making the initial post 1. 
Form B-RECORD OF MINERAL CLAIMS. 

















MINING LAWS OF BRITISH COLUMBIA. 


127 


the record fee of each locator, and the No. of each locator’s Free 
Miner’s Certificate opposite such name.) 

The claim is situate. 

The direction of the location line is . 

The length of the claim is . feet. 

The claim was located on the ...... day of .. 189.. 

Recorded this . day of .. 189.. 

.. Mining Recorder. 

(If the stakes are not on the location line, comply with sec. 18.) 
Form C—RECORD OF PARTNERSHIP MINERAL CLAIM. 

. Mineral Claim. 

Located in the partnership name of . 

The members of the partnership, and the Nos. of their re¬ 
spective Free Miner’s Certificates are . 

The receipt form of payment of the record fee. 

The claim is situate. 

The direction of the location line is. 

The length of the claim is . feet. 

The claim was located on the.day of.189.. 

Recorded this . day of . 189.. 

.Mining Recorder. 

(If the stakes are not on the location line, comply with sec. 18.) 
Form D—APPLICATION FOR CERTIFICATE OF WORK. 

Affidavit. 

I. of .. in the District of .. free miner, make 

oath and say: 

I have done, or caused to be done, work on the . Mineral 

claim, situate at.. in the District of.. to the value of at 

least one hundred dollars, since the . day of . 189.. The 

following is a detailed statement of such work: (Set out full 
particulars of the work done in the twelve months in which such 
work is required to be done by sec 24.) 

Sworn, etc. . 

(This affidavit may be made by an agent, and can be altered 
to suit circumstances.) 

Form E—CERTIFICATE OF WORK. 

(Name of claim) Mineral Claim. 

This is to certify that an affidavit setting out a detailed state¬ 
ment of the woik done on the above claim since the . day of 

.189., made by.has this day been filed in my office, and 

in pursuance of the provisions of the act in that behalf, I do now 
issue this certificate of work in respect of the above claim to 


.Gold Commissioner or Mining Recorder. 

Dated . 

# 

Form F—CERTIFICATE OF IMPROVEMENTS. 
Notice. 

. Mineral Claim. 

Situate in the .. Mining Division ot . District. 

Where located. 

Take notice that I.. Free Miner’s Certificate No. 

., intend, sixty day* from the date hereof, to apply to the 









































128 


MINING LAWS OF BRITISH COLUMBIA. 


mining recorder for a certificate of improvements, for the purpose 
of obtaining a Crown grant of the above claim. . 

And further take notice, that action, under section 37, must 
be commenced before the issuance of such certificate of improve¬ 
ments. . 

Dated this . day of .189.. 

Form G—APPLICATION FOR CERTIFICATE OF IMPROVE¬ 
MENTS. 

Applicant’s Affidavit. 

I,.of.in the District of.make oath and 

S3.y i 

1. i ? .. the recorded holder, and am in undisputed 

possession of the . Mineral Claim, situate at . in the 

District (or Division) of . 

2. I.have done, or caused to be done, work on the 

said claim in developing a mine to the value of at least five hun¬ 
dred dollars, full 'particulars whereof are hereunto annexed and 
nicirk6d ** 

3. I, ....!.found a vein or lode within the limits of the 

said claim. 

4. I.had the claim surveyed by . who 

has made three plats of the said claim. 

5. I, ., placed one such plat on a conspicuous part 

of the land embraced in such plat on the. day of .. 189.. 

6. I.. posted a copy of the notice hereunto annexed, 

and marked “B,” at the same place as said plat is posted, on the 

.day of.189., and another copy of the Mining Recorder’s 

office at .. on the . day of .189., which said notice 

and plat have been posted, and have remained posted, for at 
least sixty days concurrently with the publication of the said 
notice in the British Columbia Gazette. 

7. I. inserted a copy of the said notice in the 

British Columbia Gazette, where it first appeared on the . 

day of.. 189., and in the.. a newspaper published in the 

province and circulating in the district in which the said claim 

Is situated, where it first appeared on the.day of .189., 

and was continuously published for sixty days concurrently with 
the publication of the said notice in the British Columbia Ga¬ 
zette prior to the date of this affidavit. 

8. I.deposited a copy of the field notes and plat in 

the Record Office at.. m the.day of.189., and they 

remained there for reference for sixty days concurrently with 
the publication of the said notice in the Britisn Columbia Ga¬ 
zette. . 

Sworn and subscribed to . at . this . day of 

., 189., before me. . 

♦Particulars must be exclusive of all houses and other like 
improvements. 

This affidavit may be made by an agent, duly authorized, in 
writing, and can be altered to suit circumstances. 

Form H—CERTIFICATE OF IMPROVEMENTS. 

. Mineral Claim. 

This is to certify that.. of .. in the District of 

.. Free Miner’s Certificate No.. has proved to my satis- 









































MINING LAWS OF BRITISH COLUMBIA. 


''Min°eral th A^^ e to h ?ntitT m P- ied . With all .« the Provisions of the 
in resDeot of th? 1 U im \o a certificate of improvements 

Acffd ° f ; and Vn purluaU^Tthe provisions of ‘th?slid 
of ^e ibov°e W cS? to °* improvements - respect 

This certificate will become* void uniess^CiS^i^ranMs’ap- 
phed for within three months from this dat£ P 

(borm may be altered to suit circumstances.) 


Form I—MINING RECORDER’S CERTIFICATE. 

...... Mining Division . District.Mineral Claim. 

Date located. Date recorded, . 

To. 

1 ,, her ^ wit 5 encl °se the following documents relating to 
claim ^ PP lication for a certificate of improvements to the above 

Affidavit of ...... ., applicant (Form H); 

Copy of plat of claim; 

Copy of surveyor’s field notes. 

- £ nd . \ hereby certify that . has published a notice 

his intention to apply for a certificate of improvements for 

61xty d ays in the British Columbia Gazette, from the.day of 

189., and ...... newspaper from the . day of . 189 

l he above period a notice in accordance with section 
36, subsection (d), has been posted, and a copy of the field notes 
a^d plat of the said claim deposited for reference in my office - 
fff that no notice of any action having been commenced against 
het a f a cartlficte of improvements to the said claim 

has been filed in this office up to this date. The recorded 

owner of the said claim at this date Is . 

^ ate d .> 189.. . Mining Recorder. 


Form J—MILL SITE. 


Notice. 

Take notice that I.. 

., Free Miner’s Certificate No. . 

the date hereof, to apply for. 

situate at .. in the District of ., 

Dated . 


of .. in the District of 

., intend, sixty days from 

acres of land for a mill site, 
. as a mill site. 


Form K—MILL SITE. 


Affidavit of App’icant Prior to Lease. 

1- .. of .. in the District of .. free miner, 

make oath and say: 

1. I have marked out the land required by me for a mill site 
by placing a legal post at each corner. 

2. I have posted a notice on each such post, and on the Mining 

Recorder’s Office at ., a copy of which notice is hereto an¬ 

nexed, and marked “A.” 

3. The said land is not known to contain minerals, and is not, 
to the best of my knowledge and belief, valuable as mineral 


M J. 5 






































130 


MINING LAWS OF BRITISH COLUMBIA. 


Form L—LEASE OF MILL SITE. 

This indenture, made the . dav of ....... 189., between 

the Gold Comnvssioner for the District of ...... here¬ 
inafter caiied the lessor), of the one part, and .. of ••••••» 

in the DLtiict of . free miner (hereinafter caded the 

lessee), of the other part w.tr.esseth, that in exercise of 
the powers vested in h m by the "Mineral Act, he, the 
said lessor, does hereby demise unto the said lessee, his ex¬ 
ecutors, administrators and assigns, all that (describe the mill 
site) for the term of one year from the date hereof, subject to 
the provisions and conditions of the ‘Mineral Act relating 

t0 Tn 1 vdtness whereof, the said parties have hereunto set their 
hands and seals. 

Signed, sealed, and delivered . . 


Form M—MILL SITES. 

Certificate of Improvements. 

This is to certify that.has put or constructed works 

or machinery, for mining or milling purposes, to the value of at 
least five hundred dollars, on the mill site described in and de¬ 
mised by indenture dated the . day of .,189., and made 

between .. .. during the existence of such lease. 

. . Gold Commissioner. 


Form O-TUNNEL OR DRAIN LICENSE. 


To all whom it may concern: 

Take notice that . a free miner and the owner of 

having given security to the amount of . for any 

damage he may do, has this day obtained a license from me to 
run a tunnel (or drain) from . to his said claim (or mine). 

The said license is granted on these express conditions: (Set 
out conditions, if any.) ,, ^ , 

Dated . . Gold Commissioner. 


SCALE OF FEES TO BE CHARGED. 


For every Free Miner’s Certificate (for each year). $5 00 

Every substituted certificate . 1 00 

Recording any claim . 2 50 

Recording every certificate of work . 2 50 

Recording any "lay over," or every other record required to 

be made in the "Record Book" . 2 50 

Recording every abandonment, including the memorandum 

to be written on the record . 2 50 

For any other record made in the ‘‘Record of Abandon¬ 
ments" . 2 50 

For recording every aflidavit, where the same does not ex¬ 
ceed three folios of 100 words . 2 60 

For every folio over 3, 30 cents per folio. 


The above rate shall be charged for all records made in the 
“Record of Affidavits.’’ 

For all record* made in the “Record of Conveyances,” w r here 

the same do not exceed three folios . 2 50 

For every folio over three, a further charge of 30 cents per 
folio. 
































MINING LAWS OF BRITISH COLUMBIA. 


131 


For all copies or extracts from any record in any of the 
above named rocks, where such copy Or extracts shall not 

exceed three folios, per copy . 2 50 

Where such copies or extracts exceed three folios, 30 cents 
per folio for every folio over three. 

For filing any document . 25 

For a Crown grant ... 5 00 


FORMS FOR USE UNDER PLACER MINING ACT. 


A—LOCATION NOTICE. 

(Set out name of claim) . Placer Claim. 

Take notice that (set out the name of each locator) have this 

day located this ground as a placer claim (or as a set of . 

placer claims), to be known as the . Placer Claim, . 

feet in length. Its general direction is . 

Dated . 

(Mark one post “Initial Post” and fix this notice on that post. 
If a set of claims is located only one notice is requisite, but there 
must be an initial post for each claim.) 

B—RECORD OF A PLACER CLAIM. 

(Name of Claim . Placer Claim. 

Located by . No. of certificate, . (Set out the 

name of each locator, and the number of each locator’s Free 
Miner’s Certificate opposite such name.) 

The claim is situate . The length of the claim is . 

feet. Recorded for . years. 

Located on the . day of . 189.. Recorded this . 

day of .. 189.. 

C—RE-RECORD OF A PLACER CLAIM. 

(Name of Claim) Placer Claim. 

(Set out the name of each holder of an interest in such claim, 
and number of each holder’s Free Miner’s Certificate.) 

The claim is situate . 

Re-recorded for.years, to commence to run from the.... 

day of.. 18... 

Re-recorded this . day of . 189.. 

D—RECORD OF A SET OF PLACER CLAIMS. 

(Set out the name of each claim.) 

Located in the partnership name of . 

The members of the partnership and the numbers of their 
respective Free Miner’s Certificates are: . 

The claims a T e situate. The length of each claim is. 

feet. Recorded for.years. 

Located on the . day of . 189.. Recorded *n this 

. day of . 1S9.. 






































132 


MINING LAWS OF 


BRITISH COLUMBIA. 


E— TUNNEL OR 
(Same as Form O, ante.) 


DRAIN LICENSE. 


F— APPLICATION FOR PUBLIC DRAIN GRANT. 

We (set out names in full of each applicant), the undersigned 

such drain (set out proposed tolls), such grant to run for •••••• 

vpar a md we do further apply for the following privileges to be 
mcluded inISch iranUset out privileges sought to be acquired). 
Dated . 

To the Gold Commissioner. . _ , , 

(Post notice on ground and on Mining Recorder s Office, set¬ 
ting out application.) 


G—WATER NOTICE. 

Take notice that we (set out the name of each applicant and 
number of each applicant’s Free Miner’sUertificat^. slmll twenty 
days from the date of this notice, apply to the Gold Commissioner 
for a grant of a water right over water in (set out the name or, 
if unnamed, a sufficient description of the stream, lake, or other 
source from which water is to be taken.) 

The intended point of diversion is . The number or 

Inches of water to be appl ed for is . The purpose for which 

such water is required is . 

Dated . 

Forms C to H. lode claims applicable for placer. 








YUKON 


Amendments and Additions Adopted May 12, 1897, Governing Placer 
Mining on the Yukon and Its Tributaries and 
Northwest Territories. 


Amendments and additions adopted May 12, 1897, gov¬ 
erning placer mining on the Yukon and tributaries and 
Northwest Territory: 

“Privy Council, Canada, at the Government House at 
Ottawa, Friday, the 21st day of May, 1897.—Present, His Ex¬ 
cellency the Governor-General, in Council: Whereas,it is 
found necessary and expedient that certain amendments 
and additions should be made to the regulations governing 
‘placer mining’ established by order of the council of the 3th 
of November, 1889. 

“Therefore, his excellency, in virtue of the provisions of 
‘The Dominion Lands Act,’ chapter 54, of the Revised Stat¬ 
utes of Canada, and by and with the advice of the Queen’s 
Privy Council for Canada, is pleased to order that the fol¬ 
lowing regulations shall be, and the same are hereby, sub¬ 
stituted for the governance of placer mining along the Yu¬ 
kon river and its tributaries, in the Northwest Territories, 
in the room, place and stead of those regulations established 
by order in council of the 9th day of November, 1889. 

(Signed.) “JOHN J. M’GEE, 

“Clerk of the Privy Council. 

“To the Honorable the Minister of the Interior.’’ 


Interpretation. 

“Bar Diggings” shall mean any part of a river over 
which the water extends when the water is in its flooded 
state, and which is not covered at low water. 

Mines on benches shall be known as bench diggings, and 
shall for the purpose of defining the size of such claims be 
excepted from dry diggings. 


134 


MINING REGULATIONS FOR THE YUKON. 


“Dry diggings” shall mean any mine over which a river 

never extends. . 

“Miner” shall mean ainale or female over the age of la, 
but not under that age. 

“Claims” shall mean the personal right of property in a 
placer mine or diggings during the time for which the 
grant of such mine or diggings is made. 

“Legal post” shall mean a stake standing not less than 
four feet above the ground and squared on four sides for at 
least one foot from the top. Both sides so squared shall 
measure at least four inches across the face. It shall also 
mean any stump or tree cut off and squared or faced to the 
above height and size. 

“Close season” shall mean the period of the year during 
which placer mining is generally suspended. The period to 
be fixed by the gold commissioner in whose district the 
claim is situated. 

“Locality” shall mean the territory along a river (tribu¬ 
tary of the Yukon) and its affluents. 

“Mineral” shall include all minerals whatsoever, other 
than coal. 


Nature and Size of Claims. 

First—Bar diggings: A strip of land 100 feet wide at 
high water mark, and thence extending along into the river 
to its lowest water level. 

Second—The sides of a claim for bar diggings shall be 
two parallel lines run as nearly as possible to its right 
angles to the stream, and shall be marked by four legal 
posts, one at each end of the claim at or about high water 
mark, also one at each end of the claim at or about the edge 
of the water. One of the posts at high water mark shall be 
legibly marked with the name of the miner and the date 
upon which the claim is staked. 

Third—Dry diggings shall be 100 feet square, and shall 
have placed at each of its four corners a legal post, upon 
one of which shall be legibly marked the name of the miner 
and the date upon which the claim was staked. 

Fourth—Creek and river claims shall be 500 feet long, 
measured in direction of the general course of the stream, and 
shall extend in width from base to base of the hill or bench 
on each side, but when the hill or benches are less than 100 


MINING REGULATIONS FOR THE YUKON. 136 

feet apart, the claim may be 100 feet in depth. The sides of 
a claim shall be two parallel lines run as nearly as possible 
at right angles to the stream. The sides shall be marked 
with legal posts at or about the edge of the water and at 
the rear boundaries of the claim. One of the legal posts 
at the stream shall be legibly marked with the name of the 
miner and the date upon which the claim was staked. 

Fifth—Bench claims shall be 100 feet square. 

Sixth—In defining the size of claims, they shall be 
measured horizontally, irrespective of inequalities on the 
surface of the ground. 

Seventh—If any person or persons shall discover a new 
mine, and such discovery shall be established to the satis¬ 
faction of the gold commissioner, a claim for the bar dig¬ 
gings 750 feet in length may be granted. 

A new stratum of auriferous earth or gravel situated in 
a locality where the claims are abandoned shall, for this 
purpose, be deemed a new mine, although the same locality 
shall have previously been worked at a different level. 

Eighth—The forms of application for a grant for placer 
mining and the grant of the same shall be those contained 
in forms H and 1 in the schedule hereto. 

Ninth—A claim shall be recorded with the gold commis¬ 
sioner in whose district it is situated within three days after 
the location thereof, if it is located within ten miles of the 
commissioner’s office. One extra day shall be allowed for 
making such record for every additional ten miles and frac¬ 
tion thereof. 

Tenth—In the event of the absence of the gold commis¬ 
sioner from his office, entry for a claim may be granted by 
any person whom he may appoint to perform his duties in 
his absence. 

Eleventh—Entry shall not be granted for a claim which 
has not been staked by the applicant in person, in the man¬ 
ner specified in these regulations. An affidavit that the 
claim was staked out by the applicant shall be embodied iD 
form H Of the schedule hereto. 

Twelfth—An entry fee of $15 shall be charged the first 
year and an annual fee of $100 for each of the following 
years. This provision shall apply to the locations for which 
entries have already been granted. 

Thirteenth—After the recording of a claim, the removal 
of any post by the holder thereof, or any person acting in 



186 MINING REGULATIONS FOR THE YUKON. 

his behalf, for the purpose of changing the boundaries of 
his claim, shall act as a forfeiture of the claim. 

Fourteenth—The entry of every holder for a grant for 
placer mining must be renewed, and his receipt relinquished 
and replaced every year, the entry fee being paid each 
year. 

Fifteenth—No miner shall receive a grant for more than 
one mining claim in the same locality; but the same miner 
may hold any number of claims by purchase, and any num¬ 
ber of miners may unite to work their claims in common 
upon such terms as they may arrange, provided such agree¬ 
ment be registered with the gold commissioner and a fee of 
$5 paid for each registration. 

Sixteenth—Any miner or miners may sell, mortgage or 
dispose of his or their claims, provided such disposal be 
registered with and a fee of $2 paid to the gold commis¬ 
sioner, who shall thereupon give the assignee a certificate 
in form J in the schedule hereto. 

Seventeenth—Every miner shall, during the continu¬ 
ance of his grant, have the exclusive right of entry upon 
his own claim for the miner-like working thereof, and the 
construction of a residence thereon, and shall be entitled ex¬ 
clusively to all the proceeds realized therefrom; but he shall 
have no surface rights therein, and the gold commissioner 
may grant to the holders of adjacent claims such rights of 
entry thereon as may be absolutely necessary for the work¬ 
ing of their claims, upon such terms as may to him seem 
reasonable. He may also grant permits to miners to cut 
timber thereon for their own use, upon payment of the dues 
prescribed by the regulations in that behalf. 

Eighteenth—Every miner shall be entitled to the use of 
so much of the water naturally flowing through or past his 
claim, and not already lawfully appropriated, as shall in 
the opinion of the gold commissioner be necessary for the 
due working thereof, and shall be entitled to drain his own 
claim free of charge. 

Nineteenth—A claim shall be deemed to be abandoned 
and open to the occupation and entry by any person when 
the same shall have remained unworked on working days by 
the grantee thereof or by some person on his behalf for the 
space of seventy-two hours, unless sickness or other reason¬ 
able cause may be shown to the satisfaction of the gold 
commissioner,or unless the grantee is absent on leave given 


MINING REGULATIONS FOR THE YUKON. 


137 


by the commissioner, and the gold commissioner upon ob¬ 
taining evidence satisfactory to himself that this provision 
is not being complied with, may cancel the entry given for 
a claim. 

Twentieth—If the land upon which a claim has been lo¬ 
cated is not the property of the crown it will be necessary 
for the person who applies for entry to furnish proof that 
he has acquired from the owner of the land the surface right 
before entry can be granted. 

Twenty-first—If the occupier of the lands has not re¬ 
ceived a patent therefor, the purchase money of the surface 
rights must be paid to the crown ,and a patent of the surface 
rights will issue to the party who acquired the mining- 
rights. The money so collected will either be refunded to 
the occupier of the land when he is entitled to a patent 
therefor, or will be credited to him on account of payment 
for land. 

Twenty-second—When the party obtaining the mining 
rights cannot make an arrangement with the owner thereof 
for the acquisition of the surface rights it shall be lawful for 
him to give notice to the owner or his agent or the occupier 
to appoint an arbitrator to act with another arbitrator 
named by him in order to award the amount of compensation 
to which the owner or occupant shall be entitled. The 
notice mentioned in this section shall be according to form 
to be obtained upon application from the gold commissioner 
for the district in which the lands in question lie, and shall, 
when practicable, be personally served on such owner or his 
agent, if known, or occupant, and after reasonable efforts 
have been made to effect personal service without success, 
then such notice shall be served upon the owner or agent 
within a period to be fixed by the gold commissioner before 
the expiration of the time limited in such notice. If tne 
proprietor refuses or declines to appoint an arbitrator, or 
when, for any other reason, no arbitrator is appointed by 
the proprietor in the time limited therefor in the notice pro¬ 
vided by this section, the gold commissioner for the district 
in which the lands in question lie shall, on being satisfied 
by affidavit that such notice has come to the knowledge of 
such owner, agent or occupant, or that such owner, agent or 
occupant willfully evades the service of such notice, or can¬ 
not be found, and that reasonable efforts have been made to 
effect such service, and that the notice was left at the lasit 


138 MINING REGULATIONS FOR THE YUKON. 

place of abode of such owner, agent or occupant, appoint an 
arbitrator on his behalf. 

Twenty-third—(a) All arbitrators appointed under the 
authority of these regulations shall be sworn before a justice 
of the peace to the impartial discharge of the duties assigned 
to them, and they shall forthwith proceed to estimate the 
reasonable damages which the owner or occupant of such 
lands according to their several interests therein shall sus¬ 
tain by reason of such prospecting and mining operations. 

(b) In estimating such damage the arbitrators shall 
determine the value of the land, irrespective of any enhance¬ 
ment thereon from the existence of mineral therein. 

(c) In case such arbitrators cannot agree they may 
select a third arbitrator, and when the two arbitrators can¬ 
not agree upon a third arbitrator, the gold commissioner for 
the district in which the lands in question lie shall select 
such third arbitrator. 

(d) The award of any two such arbitrators made in 
writing shall be final, and shall be filed with the gold com¬ 
missioner for the district in which the lands lie. 

If any cases arise for which no provision is made In 
these regulations, the provisions of the regulations govern¬ 
ing the disposal of mineral lands other than coal lands ap¬ 
proved by his* excellency the governor in council on the 9th 
day of November, 1889, shall apply. 


LEGAL FORMS. 


CERTIFICATE OF ASSIGNMENT. 

The form of a certificate of asignment of a placer mining 
claim is as follows: 

Form J—No. Department of the Interior, Agency ...... 

189.. This is to certify that (B. C.) has (or have) filed an as¬ 
signment in due form dated .. 189.., and accompanied by a 

registration fee of two dollars, of the grant to . (A. B ) 

of ............. of the right to mine in . (insert descrip¬ 
tion of claim) for one year from .. 189.. 

This certificate entitles the said. (B. C.) to all rights 

and privileges of the said . (A. B.). in respect of the 

claim assigned, that is to say, the exclusive right of entry upon 
the said claim for the m ; ner-like working thereof and the con¬ 
struction of a residence thereon, and the exclusive right to all 
proceeds therefrom for the remaining portion of the year for 

which said claim was granted to the said . (A BI 

that is to say, until the .. 189.. 














MINING REGULATIONS FOR THE YUKON. 


139 


The said .. (B. C.) shall be entitled to the use of so 

much water naturally flowing through or past his (or their) 
claim, and not already lawfully appropriated, as shall be neces¬ 
sary for the due working thereof, and to drain the claim free of 
charge. 

This grant does not convey to the said .. (B. C.) any 

surface rights in said claim or any rights or ownership in the 
soil covered by the said claim, and the said grant shall lapse 
and be forfeited unless the claim is continual,y and in good faith 
worked by the said (B. C.) or his (or their) associates. 

The rights hereby granted are those laid down in the Domin¬ 
ion mining regulations, and are subject to all provisions of the 
said regulations, whether the same are expressed herein or not. 

.. Gold Commissioner. 


APPLICATION FOR GRANT. 


The form of application for grant for placer mining claim 
and affidavit of applicant is as follows: 

Form H—I (or we), of . hereby apply under the Do¬ 

minion mining regulations for grant of a claim for placer min¬ 
ing as defined in the said regulations in . (here describe 

locality) and I (or we) solemnly swear: 

First—That I (or we) am (or are) to the best of my (or our) 
knowledge and belief, the first discoverer (or discoverers) of the 
said deposit, or 

Second—That the said claim was previously granted to. 

(here name the last grantee), but has remained unworked by the 
said grantee for not less than . 

Third—That I (or we) am (or are) unaware that the land is 
other than vacant Dominion lands. 

Fourth—That I (or we) did on the ...... day of ...... mark 

out on the ground in accordance in every particular with the 
provisions of the mining regulations for the Yukon river and its 
tributaries, the cla m for which I (or we) make this application, 
and that in so doing I (or we) did not encroach on any other 
claim or mining location previously laid out by any other per¬ 
son. 

Fifth— That the said claim contains as nearly as I (or we) 

could measure or estimate an area of . square feet, and that 

the description (and sketch, if any) of this date hereto attached 
signed by me (or us) sets (or set) forth in detail to the best of 
my (or our) knowledge and ability its position, form and di¬ 


mensions. 

Sixth—That I (or we) make this application in good faith to 
acquire the claim for the sole purpose of mining, prosecuted by 
myself (or us), or by myself and associates, or by me (or our.) 
assigns. 

Sworn before me qt ... this . day of ... 189.. 

(Signature) . 


GRANT FOR PLACERS. 

The form of grant for placer claim'is as follows: 

Form I—Department of the Interior. agency, . 

.189.. In cons.deration of the payment of the fee prescribed 

by clause 12 of the mining regulations of the Yukon river and its 
tributaries by . (A. B.) accompanying his (or her) ap- 




















MO 


MINING REGULATIONS FOR THE YUKON. 


plication No.. dated . 189.., for a mining claim 

In . (here insert description of locality) the minister of 

the interior hereby grants to the said . (A. B.) for the 

term of one year from the date hereof the exclusive right of 
entry upon the claim (here describe in detail the claim). 

Granted—For the miner-like working thereof and the con¬ 
struction of a residence thereon, and the exclusive right to all 

the proceeds derived therefrom. That the said . (A. B.) 

shall be entitled to the use of so much water naturally flowing 
through or past his (or their) claim and not already lawfully 
appropriated as shall be necessary for the due working thereof, 
and to drain his (or their) claim free of charge. 

This grant does not convey to the said . (A. B.) 

any surface right in the said claim or any right of ownership in 
the soil covered by the said claim, and the said grant shall lapse 
and be forfeited unless the claim is continuously and in good 

faith worked by the said . (A. B.) or his (or their) 

associates. 

The rights hereby granted are those laid down in the afore¬ 
said mining regulations and no more, and are subject to all th* 
provisions of said regulations, whether the same are expressed 
herein or not. . Gold Commissioner. 


AMENDMENTS OF JULY 27, 1897. 


BENCH CLAIM, SIZE 1 —A bench claim shall be 100 feet 
square and shall have placed at each of its four corners a 
legal post upon which shall be legibly marked the name of 
the miner and the date upon which the claim was staked. 

CROWN RESERVATION—Entry shall only be granted 
for alternate claims, the other alternate claims being re¬ 
served for the Crown to be disposed of at public auction, or 
in such manner as may be decided by the Minister of the 
Interior. 

TRESPASS, PENALTY—The penalty for trespassing 
upon a claim reserved for the Crown shall be immediate 
cancellation by the gold commissioner of any entry or en¬ 
tries which the person trespassing may have obtained, 
whether by original entry or purchase, for a mining claim, 
and the refusal by the gold commissioner of the acceptance 
of any application which the person trespassing may at any 
time make for a claim. In addition to such penalty, the 
Mounted Police, upon a requisition from the gold commis- 












MINING REGULATIONS FOR THE YUKON. 


141 


sioner to that effect, shall take the necessary steps to eject 
the trespasser. 

ROYALTY—A royalty of ten per cent, on the gold 
mined shall be levied and collected by officers to be appoint¬ 
ed for the purpose, provided the amount so mined and taken 
from a single claim does not exceed five hundred dollars per 
week. In case the amount mined and taken from any 
single claim exceeds five hundred dollars per week, there 
shall be levied and collected a royalty of ten per cent, upon 
the amount so taken out up to five hundred dollars, and 
upon the excess, or amount taken from any single claim over 
five hundred dollars per week, there shall be levied and col¬ 
lected a royalty of twenty per cent., such royalty to form 
part of the consolidated revenue, and to be accounted for 
by the officers who collect the same in due course. The 
time and manner in which such royalty shall be collected, 
and the persons who shall collect the same, shall be pro¬ 
vided for by the regulations to be made by the gold commis¬ 
sioner. 

Default in payment of such royalty, if continued for ten 
days after notice has been posted upon the claim in respect 
of which it is demanded, or in the vicinity of such claim, 
by the gold commissioner or his agent, shall be followed by 
the cancellation of the claim. Any attempt to defraud the 
crown by withholding any part of the revenue thus provided 
for, by making false statements of the amount taken out. 
shall be punished by cancellation of the claim in respect of 
which fraud or false statements have been committed or 
made. In respect of the facts as to such fraud or faLe 
statements or non-payment of royalty, the decision of the 
gold commissioner shall be final. 

No Mining by Proxy. 

AN ACT TO RESTRICT THE IMPORTATION AND 
EMPLOYMENT OF ALIENS—(Assented to 28th June, 1897.) 
Her Majesty, by and with the advice and consent of the Sen¬ 
ate and House of Commons of Canada, enacts as follows: 

1. From and after the passing of this act it shall be un¬ 
lawful for any person, company, partnership or corporation 
in any manner to prepay the transportation, or in any way 
I to assist or encourage the importation or immigration of 
<any alien or foreigner into Canada, under contract or agree- 



142 


MINING REGULATIONS FOR THE YUKON. 


ment, parole or special, express or implied, made previous to 
the importation or immigration of such alien or foreigner, 
to perform labor or service of any kind in Canada. 

2. All contracts or agreements, express or implied, pa¬ 
role or special, hereafter made by and between any person, 
company, partnership or corporation, and any alien or for¬ 
eigner, to perform labor or service, or having reference to 
the performance of labor or service, by any person in Canada, 
previous to the immigration or importation of the person 
whose labor or service is contracted for into Canada, shall 
be void and of no effect. 

3. For every violation of any of the provisions of section 
one of this act, the person, partnership, company or corpor¬ 
ation violating it by knowingly assisting, encouraging or so¬ 
liciting the immigration or importation of any alien or for¬ 
eigner into Canada, to perform labor or service of any kind 
under contract or agreement, express or implied, parole or 
special, with such alien or foreigner previous to his becom¬ 
ing a resident in or a citizen of Canada, shall forfeit and pay 
the sum of one thousand dollars, which may be sued for and 
recovered by Her Majesty’s Attorney General of Canada or 
the person duly authorized thereto by him, as debts of like 
amount are now recovered in any competent court in Can¬ 
ada, the proceeds to be paid into the hands of the Receiver 
General; and separate suits may be brought for each alien 
or foreigner who is a party to such contract or agreement. 

4. The master of any vessel who knowingly brings *no 
Canada on such vessel and lands or permits to be landed 
from any foreign port or place any alien, laborer, mechanic 
or artisan who, previous to embarkation on such vessel had 
entered into contract or agreement, parole or special, ex¬ 
press or implied, to perform labor or service in Canada, shall 
be deemed guilty of an indictable offense and, on conviction 
thereof shall be punished by a fine of not more than five 
hundred dollars for each alien, laborer, mechanic or artisan 
so brought or landed and may also be imprisoned for a term 
not exceeding six months. 

5. Nothing in this act shall be so construed as to pre¬ 
vent any citizen or subject of any foreign country .tempor¬ 
arily residing in Canada, either in private or official capa¬ 
city from engaging, under contracts or otherwise, persons 
not residents or citizens of Canada, to act as private secre¬ 
taries, servants or domestics for such foreigner temporarily 


MINING REGULATIONS FOR THE YUKON. 


143 


residing in Canada; nor shall this Act be so construed as to 
prevent any person, partnership or corporation from engag¬ 
ing, under contract or agreement, skilled workmen in for¬ 
eign countries to perform labor in Canada in or upon any 
new industry not at present established in Canada, provided 
that skilled labor for that purpose cannot be otherwise ob¬ 
tained; nor shall the provisions of this Act apply to profes¬ 
sional actors, artists, lecturers, or singers, or to persons em¬ 
ployed strictly as personal or domestic servants: Provided, 
that nothing in this Act shall be construed as prohibiting any 
person from assisting any member of his family or any rela¬ 
tive or personal friend, to migrate from any foreign country 
to Canada for the purpose of settlement here. 

6. The attorney general of Canada, in case he shall be 
satisfied that an immigrant has been allowed to land in 
Canada contrary to the prohibition of this Act may cause 
such immigrant, within the period of one year after landing 
or entry, to be taken into custody and returned to the coun¬ 
try whence he came at the expense of the owner of the im¬ 
porting vessel, or, if he entered from an adjoining country, 
at the expense of the person previously contracting for the 
services. 

7. The receiver general may pay to any informer who 
furnishes original information that the law has been vio¬ 
lated such a share of the penalties recovered as he deems rea¬ 
sonable and just, not exceeding fifty per cent., where it ap¬ 
pears that the recovery was had in consequence of the infor¬ 
mation thus furnished. 

8. No proceedings under this Act or prosecutions for 
violations thereof, shall be instituted without the consent of 
the attorney general of Canada or some person duly author¬ 
ized by him. 

9. This Act shall apply only to such foreign countries 
as have enacted and retained in force, or as enact and retain 
in force, laws or ordinances applying to Canada of a char¬ 
acter similar to this Act. 




MINERAL OFFICERS OF BRITISH COLUMBIA. 


Minister of Mines.—Hon. Col. James Baker. 

Provincial Mineralogist—W. A. Carlyle. 

Public Assayer.—H. Carmichael. 

Mining: Recorders. 

NANAIMO—M. Bray, Nanaimo. 

NEW WESTMINSTER—D. Robson, New Westminster. 

EAST KOOTENAY—J. Stirrett, Donald; F. C. Lang, 
Golden; G. Goldie, Windermere; C. M. Edwards, Fort 
Steele; M. Phillips, Tobacco Plains. 

WEST KOOTENAY—J. H. Graham, Revelstoke; Cory 
Minhennick, Lardeau; A. Sproat, New Denver; John Keen, 
Kaslo; W. J. Goepel, Nelson; J. Kirkup, Rossland; J. C. 
Rykert, Rykert’s; T. Taylor, Trout Lake; R. J. Scott, Ille- 
cillewaet. 

CARIBOO—W. Stephenson, Quesnelle Forks; J. Bow- 
ron, Bakerville. 

YALE—W. Dodd, Yale; L. Norris, Vernon; C. A. R. 
Lambly, Osoyoos; W. McMynn, Midway; H. Hunter, Gran¬ 
ite Creek; G. C. Tunstall, Kamloops. 

LILLOOET—C. A. Phair, Lillooet; F. Soues, Clinton. 

CASSIAR—Ezra Evans, Manson Creek Omineca; James 
Porter, Laketon. 

ALBERNI—Thomas Fletcher, Alberni. 

VICTORIA—W. S. Gore, Victoria. 

Gold Commissioners. 

FOR THE PROVINCE—W. S. Gore. 
t ALBERNI—Thomas Fletcher, Alberni. 

CARIBOO—John Bowren, Richfield. 

CASSIAR DISTRICT—James Porter, Laketon, Cassiar. 

LILLOOET DISTRICT—Frederick Soues, Clinton. 

EAST KOOTENAY DISTRICT—J. F. Armstrong Don¬ 
ald. 

WEST KOOTENAY DISTRICT—N. Fitzstubbs. Nelson; 
J. D. Graham, Revelstoke. 

YALE DISTRICT—Charles Lambly, Osoyoos; G. C. 
Tunstall, Kamloops. 

Assayers. 

Public Assayer, H. Carmichael, Victoria; W. Pellew Har¬ 
vey, Vancouver; J. A. MoFarlane, Vancouver; Robbins & 
Ivong, Rossland. 



CHAS. E, BURNSIDE 


REA L EST ATE 

'Zl'F 


CORRESPONDENCE 

SOLICITED 


422-424 Burke Building 

SEATTLE. WASH 


Conservative investments in Seattle business or residence property 
now are bound to be safe and very profitable. 

Careful attention given to property of non-residents. ^ 


















A.. A. Denny, President 
N. H. Latimer, Manager 


W. M. Dadd, Vice-President 
F. R. Van Tuyl, Cashier 


FOUNDED, 1870 * INCORPORATED, 1887 


DEXTER HORTON & CO. 

BANKERS 

THE OLDEST BANKING INSTITUTION IN THE STATE 

Capital Stock, $200,000 

Surplus, $200,000 


WE BUY GOLD DUST OR MAKE ADVANCES 
...ON CONSIGNMENT... 


Bring your dust in and have it accurately weighed, whether 
you sell to us or not. 

NO CHARGE FOR WEIGHING 


DEXTER HORTON BANK BUILDING 

SEATTLE, 


WASH 









4 



























































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